Who Has the Authority to Seize Assets: A Global and Local Breakdown of Roles and Circumstances

Seizing assets (of any kind) is a powerful legal tool used to recover debts, enforce judgments, or investigate crimes. Many believe only law enforcement officers can seize assets, but the reality is far more complex. Various roles and authorities exist worldwide, each with specific powers and limits.

This post explores who can seize assets internationally, then breaks down the differences by country, state, and region. It also highlights examples where non-law enforcement entities have court appointed authority and have successfully recovered assets, including digital ones.

Court officer preparing asset seizure documents

International Overview of Asset Seizure Authority

Across countries, asset seizure usually involves government-backed authority to ensure legality and fairness. The main actors fall into these categories:

• Law Enforcement Agencies: Police, customs, and specialized crime units often seize assets linked to criminal investigations, such as drug trafficking or fraud.

• Judicial Officers: Courts can authorize seizure orders, executed by bailiffs, sheriffs, or court-appointed agents.

• Government Agencies: Tax authorities, customs, and regulatory bodies may seize assets for unpaid taxes, customs violations, or regulatory breaches.

• Private Parties with Court Authority: Liquidators, trustees, or receivers appointed by courts can seize assets during insolvency or debt recovery processes.

  
  

The key principle is that asset seizure must be authorized by law, usually through a court order or statutory power. Unauthorized seizure is illegal and can lead to penalties.

What Asset Seizure Means Globally

• Criminal Asset Forfeiture: Many countries allow law enforcement to seize assets suspected of being connected to crime, sometimes even before conviction (civil forfeiture).

• Civil Asset Seizure: Creditors or liquidators can seize assets after obtaining court judgments.

• Digital Assets: Increasingly, authorities recognize cryptocurrencies and digital property as seizable assets, though laws vary widely.

  
  
  
  

Who Can Seize Assets in Different Countries

United States

• Law Enforcement: Police and federal agencies (FBI, DEA, IRS) seize assets linked to crimes. Civil asset forfeiture allows seizure without criminal conviction but requires legal process.

• Court Officers: Sheriffs and marshals execute court orders to seize property for debt collection or judgments.

• Private Liquidators and Trustees: In bankruptcy cases, court-appointed trustees manage and seize debtor assets.

• Examples: The IRS has seized cryptocurrency wallets linked to tax evasion. Private liquidators have seized company assets under court orders.

  
  

United Kingdom

• Police and Enforcement Agencies: Police can seize assets under the Proceeds of Crime Act (POCA).

• Court Bailiffs: Authorized to seize goods for unpaid debts or fines.

• Liquidators and Administrators: Court-appointed to manage insolvent companies’ assets.

• Examples: The UK’s National Crime Agency has seized digital assets including Bitcoin from criminal networks.

  
  

Australia

• Police and Crime Commissions: Seize assets under proceeds of crime legislation.

• Sheriffs and Bailiffs: Enforce court orders for debt recovery.

• Liquidators: Appointed by courts to seize and manage assets in insolvency.

• Examples: Australian authorities have recovered digital assets through court orders in fraud cases.

  
  

Canada

• Law Enforcement: Police and the Canada Border Services Agency seize assets related to crime or customs violations.

• Court Officers: Sheriffs execute seizure orders.

• Trustees in Bankruptcy: Manage and seize assets under court supervision.

• Examples: Canadian courts have authorized seizure of cryptocurrency in fraud investigations.

  
  
  
  

State and Regional Differences Within Countries

United States: State Variations

• Some states limit civil asset forfeiture or require criminal conviction before seizure.

• Bailiff powers vary; some states allow private bailiffs, others restrict seizure to law enforcement.

• Digital asset laws differ, with some states having clearer regulations on cryptocurrency seizure.

  
  

United Kingdom: England vs. Scotland

• Scotland has distinct legal procedures and officers (sheriff officers) for asset seizure.

• Enforcement powers and processes differ slightly, especially in civil cases.

  
  

Australia: State Laws

• Each state has its own proceeds of crime legislation and enforcement agencies.

• Bailiff roles and seizure procedures vary, affecting how assets are recovered.

  
  

Roles and Circumstances for Asset Seizure

What These Roles Can and Cannot Do

• Law Enforcement can seize assets quickly during investigations but must justify seizures legally.

• Court Bailiffs cannot seize assets without a valid court order and must follow strict procedures.

• Liquidators act under court supervision and cannot seize assets outside their mandate.

• Government Agencies have statutory powers but often require court approval for seizure.

• Private Parties without court authority cannot seize assets; doing so is illegal.

  
  
  
  

Examples of Non-Law Enforcement Asset Recovery

Liquidators Recovering Assets: In corporate insolvency, liquidators have seized company equipment, real estate, and intellectual property to repay creditors. Insolvency Practitioners

• Liquidators

• Administrators

• Receivers

• Bankruptcy Trustees

Authority:

• Corporations Act 2001

• Bankruptcy Act 1966

• Court orders (Federal Court, Supreme Court)

Powers include:

• Taking possession of company property

• Securing assets of directors/related parties

• Recovering voidable transactions

• Seizing misappropriated assets under court authority

RESEARCH AND INVESTIGATION

An investigator or researcher can assist a liquidator to prove obfuscated assets and conduct OSINT (public source) research to prove assets and income which are subject to a bankruptcy in a court order judgement.

Evidence work can legtimately 'contribute' to recovery of assets, but is not asset recovery; it is however a critical function of work product in a civil litigation recovery action enacted by a court appointed professional insolvency firm or court appointed agent.

Also note that once a court order directs an agent of a court to recover assets, they may do so to the value of the court order and seek to recover any assets (digital included) they can prove are owned by the bankruptee and subject to the court order. If the bankruptee holds cryptocurrency assets, the liquidator doesn't have to prove the chain of custody. If funds or digital assets are in the bankruptee name, then subject to the court order these assets can be seized by the liquidator and returned to the petitioning creditor.

• Tax Authorities: The US Internal Revenue Service (IRS) seizes bank accounts and properties for unpaid taxes without criminal charges.

• Digital Asset Recovery: Australian liquidators have recovered cryptocurrencies during company wind-ups.

Non Law Enforcement Circumstances

• Enforcing civil judgments

• Recovering unpaid debts

• Executing writs of possession

• Executing writs of execution

• Seizing property to satisfy a judgment

Key Point

• Court officers act on behalf of the court, not the police.

• Their authority is civil, not criminal.

Court‑Appointed Insolvency Practitioners

As this is one of the most misunderstood categories let's dive down into a little more detail about where the authority comes from, who does recovery and the circumstances they can operate within.

Authority Source

• Corporations law

• Bankruptcy/insolvency statutes

• Court appointment orders

• Statutory powers of liquidators, administrators, trustees

Who

• Liquidators

• Administrators

• Receivers

• Bankruptcy trustees

• Special purpose insolvency appointees

  
  

Circumstances

• Taking control of company assets

• Securing and preserving assets

• Recovering misappropriated or transferred assets

• Executing court orders for asset recovery

• Freezing, taking possession of, or selling assets

• Identifying and seizing assets held by directors, related parties, or third parties

Key Takeaways:

• Liquidators absolutely can seize assets, but the legal term is often “take possession”, “secure”, or “recover”.

• The power is statutory + court‑derived, not police‑derived.

• A liquidator with a court order can seize assets.

Regulators and Statutory Authorities

These bodies can seize assets under specific legislation. In Australia this looks like:

• ATO – garnishee notices, asset seizure for tax debts

• ASIC – freezing orders, asset preservation orders

• ABF – customs seizures

• ACCC – consumer law enforcement

• State revenue offices – unpaid duties

Authority Source

• Regulatory statutes

• Administrative seizure powers

• Civil penalty regimes

Who

• Tax authorities (ATO, IRS, HMRC)

• Customs and border protection

• Environmental regulators

• Consumer protection agencies

• Anti‑corruption commissions

• Securities regulators (ASIC, SEC)

Circumstances

• Unpaid taxes

• Illegal imports

• Environmental breaches

• Consumer law violations

• Securities fraud

• Administrative forfeiture

Key Takeaways:

These seizures are administrative, not criminal or civil, though they may lead to either.

Private Parties (Only With Court Authority)

Private individuals or companies cannot seize assets on their own initiative — but they can do so when empowered by the court.

Authority Source

• Court orders

• Writs of delivery

• Writs of possession

• Self‑help remedies (in limited jurisdictions)

Who

• Secured creditors (repossession under PPSA/Article 9)

• Landlords (in some jurisdictions)

• Court‑appointed agents

• Repossession agents acting under contract

Circumstances

• Repossession of secured goods

• Enforcing security interests

• Recovering leased goods

• Enforcing court judgments

Key Point

This is not “seizure” in the criminal sense — it is repossession or enforcement of contractual rights.

Why People Get This Wrong

Most people only understand “seizure” in the context of police taking evidence.  

But in law, seizure simply means taking legal control of property under authority.

That authority can come from:

• A statute

• A court order

• A regulatory power

• A security agreement

Police are just one of many actors.

Digital Asset Seizure: A Growing Frontier

Digital assets like cryptocurrencies, NFTs, and online accounts pose new challenges:

• Law Enforcement uses blockchain analysis tools to trace and seize digital assets.

• Courts increasingly recognize digital assets as property subject to seizure.

• Liquidators may seize digital assets during insolvency but require technical expertise.

• Examples: The US Department of Justice recovered over $2 billion in Bitcoin from the Silk Road marketplace seizure.

  
  

Asset seizure authority varies widely depending on the role, jurisdiction, and circumstances. Law enforcement plays a major role in criminal cases, but courts empower other actors like bailiffs and liquidators to seize assets in civil and insolvency matters. Digital assets add complexity but are increasingly subject to seizure under existing laws.

Understanding who can seize assets and under what conditions helps clarify legal rights and responsibilities. If you work in asset recovery or face asset seizure, knowing these distinctions is essential.

Summary

Asset seizure can be carried out by any person or entity that has statutory authority, court‑ordered authority, or contractual enforcement rights.

This includes law enforcement, court officers, insolvency practitioners, regulators, and secured creditors. Police are not the only actors with seizure powers; they are simply the criminal‑law branch of a broader legal framework.

Consider consulting a legal expert to navigate your local laws and to ensure proper procedures are followed.

DISCLAIMER: The aim of this post is to help victims to understand the facts of the legitimate paths that broadly exist to support them. This post is factual on the date written on the 6th of January 2026. It is not to be considered legal advice and offers no claim or warranty of any kind of legal representation in the content. Readers should consult a Licensed Lawyer to gain accurate insight into the rules that apply to their own jurisdiction. As Digital Assets are considered property under law, property law applies to the handling of these assets. Courts and law evolve from case to case with new precedents being established. It is very useful to study emerging precedents in publicly available court documents to gain insight into the preparation of evidence to meet judicial standards.

Article by Glyn MacLean