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In that case you have been charged with a crime. The money can be argued to be the "stolen" money. In most civil forfeiture cases they simply take the money from any random person and the money is basically charged as criminal. Then it is up to the involved party to prove the money was obtained legally. The burden of proof is shifted from the state to the person they are making the confiscation against. It's not even handled the same in regards to seeing a judge. They can just deny to hear you.

There is a missing romance in that story -- to regain your money if stolen in a scheme, ofteb takes a long process and at times results in loss or no returb, kept by gov.

In your case, the $100k you stole through a Ponzi scheme is subject to forfeiture because it represents proceeds of illegal activity.

The money would likely be considered evidence as it directly ties to the crime.

If you gave it to a lawyer for your defense, depending on the jurisdiction and timing, the court might consider the funds tainted, and they could still be subject to forfeiture. Also, lawyers are generally not allowed to be paid with proceeds from criminal activities, and the funds could be seized even after being transferred to a lawyer.