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Forfeiture Defense

Forfeiture Defense Legal Solutions in Upstate and Columbia, SC

Having your property taken by the government can feel like a nightmare. But if law enforcement has seized your cash, car, or other property, you have rights. Wilkins Davis Attorneys at Law help people like you in Upstate South Carolina get their property back. Our team understands the local laws and courts in Columbia, SC, and beyond, so let us guide you through the legal process and fight for what belongs to you.

An attorney is discussing forfeiture defense legal cases in Upstate and Columbia, SC

Understanding Forfeiture Defense

Forfeiture describes the act by which the government seizes property it believes was involved in a crime. This can happen even if the owner or the property hasn’t yet been convicted, which occurs more often than one might think. However, you have legal recourse through forfeiture defense. This legal process involves challenging the government’s right to keep your things. Our asset forfeiture defense lawyers know the specific rules police must follow. If they made a mistake or cannot prove your property was connected to a crime, we’ll work to get it returned to you.

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Various Types of Forfeiture

There are various ways the government can try to take your property. Knowing the difference can help you better understand your case.

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Criminal Forfeiture

This happens after someone is found guilty of a crime. The government takes the property as part of the person’s punishment.

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Civil Asset Forfeiture

This is the most common and often the most confusing type of forfeiture. In these cases, the government sues the property itself, not the person. As a result, they can take your assets even if you’re never charged with a crime. Having a civil asset forfeiture defense attorney is critical in these cases.

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Administrative Forfeiture

This happens without a court case. The agency that seized the property simply takes ownership if no one challenges it within a specific time.

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What Types of Assets Are Commonly Seized?

You may think the police only take illegal items, but that’s not true. They can seize almost anything they think is valuable or related to a crime, including:

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Cash

If you’re carrying a large amount of cash, police might suspect it’s drug money, even if you have a legal reason for having it.

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Vehicles

Cars, trucks, and motorcycles are often taken if police believe they were used to transport illegal goods.

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Real Estate

In serious cases, the government might try to seize a house or land.

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Bank Accounts

Funds in your bank account can be frozen and seized.

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Electronics

Computers and phones are often taken to be searched for evidence.

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Common Cases Leading to Asset Forfeiture

Asset forfeiture sometimes occurs in conjunction with other legal issues. Drug crimes are the biggest reason for forfeiture. If police find drugs in a car or house, they might seize the vehicle or the home, claiming it was used to facilitate a drug crime. They might also seize any cash found nearby, assuming it’s profit from selling drugs.

White-collar crimes like fraud or embezzlement can also lead to forfeiture. The government may try to take money or property that it believes was bought with stolen funds. Even simple traffic stops can turn into forfeiture cases if officers find large amounts of cash and suspect criminal activity.

 

How Our Attorneys Can Help You in Forfeiture Defense Cases

The government has ample resources, so you need someone on your side who knows how to level the playing field. Wilkins Davis Attorneys at Law will serve as your dedicated asset forfeiture defense firm. We’ll listen to your side of the story and then investigate the details of the seizure, including examining any mistakes law enforcement may have made. Furthermore, our team will assist you in proving that your property originated from legitimate sources. Our goal is to recover your property. Rely on us to handle the paperwork, talk with the prosecutors, and represent you in court if necessary.

 

FAQ About Forfeiture Defense

We’ve compiled answers to some of the most frequently asked questions about forfeiture defense below.

 

Do I Need a Lawyer If I Haven’t Been Charged With a Crime?

Yes. Even without criminal charges, the government can still try to keep your property. However, in civil forfeiture cases, you don’t have the right to a free lawyer as you do in criminal cases. You should hire your own forfeiture defense lawyer to protect your rights.

 

How Long Does the Process Take?

Some cases can be resolved in a few months, while others might take a year or more. It often depends on whether the government agrees to return the property early or if we must go to trial.

 

Is It Expensive to Hire an Attorney for This

The cost varies, but consider the value of what you lost. We’ll discuss your options during a consultation. The cost of an asset forfeiture defense attorney is often worth it to recover valuable savings or property.

 

Contact Our Legal Team in South Carolina Today

There are laws designed to protect property owners. If you’re dealing with a seizure in Columbia, SC, or anywhere in the Upstate, let Wilkins Davis Attorneys at Law help. Our skilled forfeiture defense lawyers can build a case to get your property back. Time is of the essence in these cases, so contact us today to schedule a consultation.

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“At Wilkins  Davis, we bring the same dedication and tenacity I honed as Solicitor to every client we serve. Our firm is built on a foundation of trust, integrity, and a relentless pursuit of justice, ensuring that each individual receives personalized attention and robust representation tailored to their needs. We’re here to guide you through life’s toughest moments with compassion and expertise, delivering results that matter.”
 
— Walt Wilkins
 

Meet William W. “Billy” Wilkins

Practice Areas:
Shareholder Litigation, Business & Commercial Disputes, Litigation, Alternative Dispute Resolution, Appellate, Government Investigations & White Collar Defense

William W. “Billy” Wilkins is a former Chief Judge of the United States Court of Appeals for the Fourth Circuit, former United States District Judge, and the first Chair of the United States Sentencing Commission. His legal and public service career spans more than five decades and includes landmark contributions to federal sentencing policy, military service, and leadership in both the judiciary and the private sector.

Career Timeline

Early Legal & Public Service

  • Native of Greenville, SC

  • Clerked for a federal appeals court judge and served as a legislative assistant to a U.S. Senator

  • Elected Solicitor (District Attorney), 13th Judicial Circuit (1974); re-elected in 1978

  • Established South Carolina’s first:

    • Joint state-federal task force

    • Victim-Witness Assistance Program

    • Child Abuse Prosecution Unit

    • Pretrial Diversion Program

  • Honored annually through the “Billy Wilkins Award for Excellence in Law Enforcement”

Federal Judicial Service

  • Appointed by President Reagan as U.S. District Judge, District of South Carolina (1981)

  • Named first Chair of the U.S. Sentencing Commission (1985–1994)

  • Appointed U.S. Circuit Judge, Fourth Circuit Court of Appeals (1986)

  • Elevated to Chief Judge, Fourth Circuit (2003–2007); took senior status in 2007

  • Chair, Committee on Criminal Law (appointed by Chief Justice Rehnquist)

  • Member, Judicial Conference of the United States

Academic Roles

  • Taught Criminal Law & Procedure, Constitutional Law, and Family Law for 24 years at Greenville Technical College

Education

  • J.D., University of South Carolina School of Law

    • Editor-in-Chief, South Carolina Law Review

    • Captain, Moot Court Team

    • Order of Wig and Robe

    • Outstanding Graduate of the Year

Military Service

  • 27 years of combined service in U.S. Army (active/reserve) and South Carolina National Guard

  • Served in the Judge Advocate General’s Corps and as State Judge Advocate

  • Retired Brigadier General

  • Recipient, Legion of Merit for Meritorious Service

Community & Professional Involvement

  • Certified Arbitrator, American Arbitration Association (2009–present)

  • Permanent Member, Judicial Conference of the United States

  • Member, National Association of Criminal Defense Lawyers

  • Member, American Bar Association

  • Member, South Carolina Bar

Honors & Awards

  • Best Lawyers in America® (2025): Appellate Practice, Bet-the-Company Litigation, Criminal Defense: White-Collar

  • Honorary Doctor of Laws: University of South Carolina, Charleston School of Law, Anderson University

  • Honorary Doctor of Public Service: Coastal Carolina University

  • Martindale Hubbell “AV Preeminent” Rating

  • ABA Lifetime Achievement Award

  • Order of the Palmetto, S.C.'s highest civilian honor

  • Exemplary Service Award, SC Chapter, American Board of Trial Advocacy

  • Best Lawyers in America: White-Collar, Bet-the-Company, and Appellate (since 2010)

  • Chambers USA: “America’s Leading Lawyers for Business” (since 2010)

  • “Lawyer of the Year,” Greenville, SC – Best Lawyers (2013, 2014, 2016, 2020–2025)

  • “Legal Elite of the Upstate,” Greenville Business Magazine (multiple categories, 2016, 2018–2020, 2022–2024)

  • “Top Lawyers,” TALK Greenville Magazine (2022–2024)

  • “Top 25 South Carolina Super Lawyers,” Thomson Reuters (2012–2020)

  • International Compliance & Ethics Award, Society of Corporate Compliance & Ethics (2018)

  • “Top 25 Attorneys in SC,” Columbia Living Magazine (2017)

  • Trial and Appellate Advocacy Award, South Carolina Bar (2013)

  • Compleat Lawyer Platinum Award, USC Law Alumni Council (2012)

  • Featured in The Greenville Journal cover story: “The Life and Trials of William Walter Wilkins” (2011)

  • Keynote Speaker, Southern High Court Conference: “How Court Decisions Impact Economic Development” (2011)

  • Instrumental in securing Boeing’s move to North Charleston, SC; publicly credited by Senate President Pro Tempore Glenn McConnell and featured in Columbia Regional Business Report (2010)

Publications & Speaking

Judge Wilkins has testified before numerous Congressional committees and lectured across the U.S. and internationally. His authored works include:

  • Discovery of Existence and Amount of Defendant's Insurance Policy, 17 S.C.L. Rev. 750 (1965)

  • Lockouts: Return to the Common Law Ruling, 18 S.C.L. Rev. 299 (1966)

  • The Family Purpose Doctrine, 18 S.C.L. Rev. 638 (1966)

  • Plea Negotiations and Sentencing Guidelines, 23 Wake Forest L. Rev. 181 (1988)

  • Sentencing Reform and Appellate Review, 46 Wash. & Lee L. Rev. 429 (1989)

  • Relevant Conduct: The Cornerstone of the Guidelines, 41 S.C.L. Rev. 495 (1990)

  • The U.S. Sentencing Commission: Its Many Missions, 55 Federal Probation 26 (1991)

  • The Sentencing Reform Act of 1984, 2 Crim. L. Forum 355 (1991)

  • The Federal Sentencing Guidelines: Striking a Balance, 25 U.C. Davis L. Rev. 571 (1992)

  • Comments on Federal Sentencing Guidelines Symposium, 29 Am. Crim. L. Rev. 795 (1992)

  • The Role of Amendments in Reducing Disparity, 50 Wash. & Lee L. Rev. 63 (1993)

  • Competing Sentencing Policies in a Drug Era, 28 Wake Forest L. Rev. 305 (1993)

The Legal, Political, and Social Implications of the Death Penalty, 41 U. Richmond L. Rev. 793 (2007)

Meet Lane Davis

Lane Davis is a seasoned litigator with a practice spanning a broad range of complex civil litigation, including business torts, health care and managed care disputes, securities, ERISA, employment, trade secrets, non-compete litigation, RICO, public corruption, wrongful death, product liability, utility disputes, class actions, professional negligence, and FLSA collective actions.

Lane represents an equally diverse array of clients, including product manufacturers, hospital systems, health benefit coordinators, federal contractors, public utilities, municipalities, law enforcement agencies, public officials, lenders, chemical companies, nonprofits, and individuals.

Known for his strategic mindset, creativity, and courtroom acumen, Lane approaches each case with a problem-solving mentality that goes beyond conventional tactics. He has significant trial experience and has managed litigation in at least 13 jurisdictions across the country.

Lane has been recognized by Greenville Business Magazine as a “Legal Elite of the Upstate” in multiple categories, including Business Litigation, Corporate Investigations, and Government Relations. He is also listed in The Best Lawyers in America for Commercial Litigation and Personal Injury Litigation.

He earned his J.D. from Emory University School of Law, where he received the Certificate of Excellence in Criminal Litigation, and his undergraduate degree from Boston College.

Representative Cases

Class Action & Collective Action Litigation

  1. Defeated class certification in a federal ERISA case with over $15M at stake, resolving the matter favorably mid-trial.
  2. Achieved dismissals with prejudice in class actions involving product exposure and toxic torts in U.S. Virgin Islands and West Virginia.
  3. Prosecuted class action to secure declaratory and injunctive relief, shielding client from $50M in potential liability.
  4. Obtained summary judgment in pricing discrimination case for utility client.
  5. Limited scope of FLSA collective actions in multiple jurisdictions, leading to favorable settlements for national retailers and managed care providers.
  6. Obtained dismissal with prejudice in a federal class action alleging violations of RICO and ERISA.
  7. Obtained favorable settlement terms in nationwide data breach case pending in multi-district litigation.Obtained dismissal and favorable results in multiple actions brought under the Fair Labor and Standards Act.

Health Care & Managed Care Litigation

  • Secured dismissal of federal suit brought by insurer against health benefits manager.
  • Recovered nearly $3M in unpaid claims in multi-year, multi-state litigation.
  • Represented major hospital system in litigation challenging corporate restructuring.
  • Guided managed care client through high-stakes vendor termination involving data exposure and IT continuity.

Business & Tort Litigation

  • Blocked fraudulent takeover of renewable energy project supporting scholarships for underprivileged youth.
  • Secured $11M settlement against a global pharmaceutical company via federal court injunction.
  • Won defense verdicts in multi-million dollar contract interference and franchise disputes.
  • Obtained judgments and injunctive relief in cross-border fraud and commercial contract disputes.
  • Halted improper municipal zoning efforts threatening national restaurant and retail chains.

Employment & Non-Compete Disputes

  • Defended public officials, national employers, and manufacturers in severance, discrimination, and restrictive covenant cases.
  • Defeated claims and obtained favorable resolutions in trade secret and injunctive relief matters.
  • Navigated complex contempt proceedings involving out-of-state non-compete enforcement.

Public Entity & Governmental Litigation

  • Secured defense verdicts and favorable settlements in public corruption, regulatory, and constitutional claims.
  • Obtained sanctions and court orders against state agencies for discovery violations.
  • Litigated public nuisance claims, civil rights defenses, and regulatory takings for utilities and municipalities.
  • Represented government attorneys and departments in high-profile Section 1983 and post-conviction proceedings.

Product Liability & Wrongful Death

  • Eliminated liability in multi-fatality fire case against a national retailer.
  • Secured summary judgment in aircraft defect litigation involving zinc-coated bolts.
  • Conducted successful pre-litigation defense investigations in catastrophic injury matters.

Probate & Fiduciary Litigation

  • Achieved favorable settlements in will contests and fiduciary malfeasance claims involving multimillion-dollar estates.
  • Recovered assets misappropriated from incapacitated individuals.

Other Notable Litigation

  • Defended and prevailed in Hague Convention child abduction case.
  • Obtained favorable outcomes in privacy torts, defective construction, and child abuse litigation.
  • Recovered over $1M in settlement for construction defects; prosecuted abuse claims on behalf of children harmed in a franchised daycare.

Recognition

  • Legal Elite of the Upstate, Greenville Business Magazine (2024)

The Best Lawyers in America – Commercial Litigation and Personal Injury Litigation – Defendants

Meet Walt Wilkins

Walt Wilkins was born and raised in Greenville, South Carolina. He graduated from Wofford College in 1996 and earned his law degree from the University of South Carolina School of Law in 1999.

Walt began his legal career as an in-house attorney for Lockheed Martin Aircraft in Córdoba, Argentina. In 2000, he returned to Greenville to join the law firm of Leatherwood, Walker, Todd & Mann, where he focused on civil litigation, criminal defense, and immigration law. During this time, he also served as an adjunct professor at Greenville Technical College and was recognized as the 2003 “Young Lawyer of the Year” by the American Board of Trial Advocates.

In 2005, Walt was appointed Assistant United States Attorney in the Greenville office, where he prosecuted a wide range of complex federal crimes. His work included one of the largest mortgage fraud cases in the district, a large-scale illegal gambling operation resulting in a major forfeiture, and a high-profile human trafficking case. He received multiple awards for his prosecutorial excellence, including the U.S. Secret Service Award for Outstanding Prosecution, the U.S. Attorney’s Award for Outstanding Prosecutor, and recognition for Outstanding Contribution to the Asset Forfeiture Program. Walt is also a permanent member of the 4th Circuit Judicial Conference.

On May 7, 2008, President George W. Bush appointed Walt as the United States Attorney for the District of South Carolina. He was confirmed by the U.S. Senate and became the state’s 49th U.S. Attorney. In this role, he served as South Carolina’s chief federal prosecutor and chaired the District’s Law Enforcement Coordinating Committee. His top priorities included violent crime, gang activity, and white-collar crime. Under his leadership, several of the most violent and organized gangs in the state were dismantled in collaboration with state and local law enforcement agencies.

In 2010, Walt was elected Solicitor for South Carolina’s 13th Judicial Circuit, serving Greenville and Pickens counties. Sworn in January 2011, he served three terms and remained in office until 2023, making him one of the longest-serving solicitors in state history. As Solicitor, he launched a number of key initiatives, including the Worthless Check Program, a Sex Crimes Prosecution Unit focused on crimes against children, and the expansion of the Juvenile Arbitration Program into Greenville County. He was appointed to the South Carolina Commission on Prosecution Coordination by Governor Nikki Haley.

In 2019, Walt helped launch the Greenville County Multi-Jurisdictional Drug Enforcement Unit (DEU) alongside Sheriff Johnny Mack Brown and local police chiefs. This initiative brought together multiple agencies to target drug crimes with the shared goal of creating a safer community for Greenville County residents.

Walt is widely respected for his leadership, legal acumen, and commitment to public service. He brings to Wilkins Davis a deep understanding of both the federal and state justice systems and decades of trial experience in some of the most complex and high-profile cases in South Carolina and beyond.

Walt is married to the former Donyelle Burton, and together they have three children.