What Types of Crimes Involve Forfeiture of Assets?

You may never expect law enforcement to take your car, freeze your bank account, or seize funds from your business, yet it can happen in Texas, even without a criminal conviction. This practice, known as asset forfeiture, gives the government authority to confiscate property allegedly involved in or gained through illegal activity. While intended to disrupt criminal operations, these seizures can also affect people who’ve done nothing wrong. 

In Texas, asset forfeiture usually appears in cases involving drugs, fraud, weapons, and organized crime. Prosecutors and law enforcement agencies pursue these cases by arguing that the property itself is tied to a crime and therefore subject to forfeiture. They have an advantage, however: for the average Texan, the experience is confusing and financially damaging. In this guide, we’ll explain which types of crimes can lead to forfeiture, so you can better recognize potential risks and take steps to protect your property.

What Is Asset Forfeiture?

Asset forfeiture is a legal measure that lets a law enforcement agency take property believed to be involved in criminal conduct. It can apply to money, vehicles, real estate, or other assets thought to be either the proceeds of illegal activity or used to commit a crime. The purpose is to separate people from assets connected to unlawful behavior, but the reality is that many property owners are left fighting to reclaim what’s rightfully theirs.

When the Texas or United States government seizes property, law enforcement agencies such as police departments, district attorney offices, or federal task forces hold it while a case proceeds. Owners receive notice and must challenge the seizure within a strict timeline. If they fail to act in time, the property can be permanently forfeited. This means it can be:

• Used by the seizing law enforcement agency, the prosecutor’s office, or other government bodies, or; 
• Sold to generate revenue, hence the common term ‘policing for profit.’

Common Crimes That Lead to Asset Forfeiture

Asset forfeiture laws apply to a wide range of criminal allegations. While some cases involve large-scale investigations, others begin with routine arrests that uncover cash, vehicles, or property tied to suspected crimes. Below are the most common categories of offenses that lead to asset forfeiture in Texas and federal courts.

Drug Crimes

Drug-related offenses make up the largest share of criminal and civil forfeiture cases. Police and prosecutors target property believed to have been used to distribute, transport, or purchase illegal drugs. This forfeitable property can include:

• Cash found during a traffic stop
• Vehicles suspected of carrying narcotics
• Private homes where law enforcement claims drug activity occurred

In many of these cases, the government acts before a conviction is entered. This means that if you own property connected to someone accused of drug crimes, you could still face a forfeiture claim even if you weren’t personally involved.

Money Laundering and Financial Crimes

Money laundering involves disguising the origins of illegally obtained funds through transfers or legitimate businesses. Law enforcement agencies seize assets they believe were part of the laundering network or represent profits from criminal activity. Bank accounts, investment portfolios, cryptocurrency, and real estate property interests are therefore all subject to forfeiture. Financial investigations are data-driven, and the government relies heavily on transaction records to justify seizure. If you handle or receive funds later linked to a criminal case, your assets could become part of the forfeiture claim.

Fraud and White-Collar Offenses

Fraud cases, such as wire fraud, mail fraud, healthcare fraud, and tax-related offenses, often trigger forfeiture actions. Prosecutors argue that property purchased or obtained through fraudulent means must be returned to the government. Business accounts, corporate assets, and personal property can all be targeted. Even when you dispute the charges, the government may move forward with forfeiture to preserve the assets while the case unfolds. These seizures can place immediate pressure on your finances and operations.

Organized Crime and Racketeering

Racketeering laws, including the federal RICO Act, give authorities broad power to seize property linked to organized criminal activity. This can involve anything from cash and vehicles to entire businesses alleged to have been used in an ongoing criminal enterprise. Once property is labeled as part of a racketeering scheme, the government seeks to take it permanently. The reach of RICO forfeiture can extend to legitimate operations if investigators argue that any portion of them supported illegal activity.

Weapons and Firearms Offenses

Forfeiture frequently accompanies charges involving firearms. Guns, vehicles, and property used during a weapons-related crime may be confiscated. This applies to cases such as possession by a convicted felon, illegal sale or transport of firearms, or using a weapon while committing another offense. These cases tend to move fast, and failing to challenge a seizure in time can lead to permanent loss of property.

Human Trafficking and Exploitation Crimes

In cases of labor and sex trafficking or exploitation, prosecutors seek to take assets they claim were used to recruit, transport, or profit from victims. Vehicles, buildings, digital equipment, and financial accounts are common targets. These cases are high-priority for law enforcement agencies, and forfeiture is used to disrupt operations and recover profits. For those accused or caught up in these investigations, defending against forfeiture claims becomes a priority.

DUI, DWI, and Other Property-Based Offenses

Some state-level forfeiture laws extend to repeat DWI or vehicular crimes. For example, a car used in multiple impaired-driving offenses can be seized as the instrument of the alleged crime. While less common than drug or financial forfeitures, these cases show how widely the laws can reach. If you loan a vehicle to someone who commits a qualifying offense, you may need to prove you didn’t know about or approve the conduct to protect your ownership rights.

How Innocent People Get Caught Up in Asset Forfeiture

In civil forfeiture cases, the government treats the property itself as the offender, allowing seizure without a criminal conviction. The burden then shifts to you to prove the property wasn’t tied to unlawful conduct. This reversal of roles catches many people by surprise and places them at an immediate disadvantage. What begins as a simple misunderstanding or association with another person’s actions can quickly escalate into a legal fight over your personal or business assets.

Common scenarios involve property shared, loaned, or connected through financial transactions. For instance:

• Your vehicle might be seized if someone you know uses it to transport illegal substances or stolen goods, even without your knowledge. 
• A joint bank account can be frozen if law enforcement links one person’s deposits to criminal activity. 
• Business owners can face forfeiture claims if employees use company funds or resources in ways that attract a criminal investigation.

These seizures can disrupt livelihoods, limit access to operating capital, and damage reputations before any charges are proven.

Texas law recognizes an “innocent owner” defense, but asserting it can be complicated. You must show that you didn’t know about the illegal activity or that you took reasonable steps to prevent your property from being used improperly. Because forfeiture proceedings have strict filing deadlines, a late or incomplete response can result in losing the property permanently. Acting quickly and hiring an experienced Texas asset forfeiture lawyer greatly increases your chances of success.

The Legal Process of Reclaiming Your Property

Once law enforcement seizes your property, time immediately starts working against you. The agency handling the seizure, such as a local police department, a district attorney’s office, or a federal agency like the DEA, must send a notice explaining its intent to keep the property. This notice includes deadlines and instructions for contesting the forfeiture. 

If you fail to respond within that period, which can be as short as 20 days, the government can take ownership of your property without further action. Missing that deadline is one of the most common reasons people lose their assets permanently.

If you choose to challenge the forfeiture, you must file a formal claim asserting your ownership and your right to have the property returned. This claim begins the court phase, where both sides present evidence. The government will argue that your property was connected to criminal conduct, while you must show that it wasn’t. That might include proving lawful ownership, legitimate income sources, or a lack of knowledge about any criminal use. 

During this stage, an attorney experienced in forfeiture litigation can identify procedural errors, challenge weak evidence, and negotiate for the return of your property. Many cases resolve through negotiation, particularly when the seized assets have legitimate origins or when the value doesn’t justify extended litigation. The key is to act fast, gather financial and ownership records, and respond to all communications from the seizing agency. Every forfeiture case follows its own timeline, but a prompt and well-supported defense gives you the best chance of recovering what’s yours.

How an Experienced Asset Forfeiture Attorney Can Help

Facing asset forfeiture without legal representation can leave you at a disadvantage. The rules are technical, and law enforcement agencies use procedures that many people have never encountered before. A criminal defense attorney who understands how forfeiture cases are built can identify weak points in the government’s claims and act before deadlines expire. That guidance can make the difference between recovering your property and losing it permanently.

An experienced lawyer will evaluate how the property was seized, what evidence supports the forfeiture, and whether the seizure followed legal standards. In many cases, law enforcement oversteps by taking assets without sufficient proof that they’re connected to criminal activity. Your attorney can file the necessary claims, demand discovery, and question the government’s evidence. A clear and timely challenge puts pressure on prosecutors to justify their actions and can lead to the return of your property before trial.

Amanda Skillern brings a prosecutor’s perspective to these cases. Having worked in the Harris County District Attorney’s Office, including its Asset Forfeiture Division, she knows how these cases are developed and where they can fall apart. That insight helps her anticipate arguments, evaluate evidence, and defend clients accused of crimes or swept into forfeiture through association. Her experience on both sides of the courtroom gives her the tools to guide you through a system that rarely favors property owners.

Call a Texas Civil Forfeiture Attorney Now

Asset forfeiture reaches far beyond major criminal organizations. It affects business owners, drivers, and everyday people whose property becomes tied to an investigation. The laws give the government broad power to seize assets, but they also give you the right to challenge those seizures. 

The Law Office of Amanda Skillern represents individuals and businesses in asset forfeiture cases throughout Texas. If you’ve received notice of a seizure or suspect that your assets are at risk, contact us to schedule a consultation. You’ll get clear guidance on your next steps and the support you need to pursue the return of your property. Please call 346.291.0432 or contact our criminal defense firm online today.