Federal prosecutors indicated in a court filing that state Rep. RJ May III, R-Lexington, is likely the subject of an ongoing criminal investigation and may be involved in a criminal indictment “within three months.”
The registration in a federal court database is the first official public confirmation that May, who has until now been the subject of speculation about him, is involved in a criminal investigation.
May is running for a third term in House District 88. He is running alone, but business owner Brian Duncan has launched a write-in campaign for the seat.
May’s attorney, veteran Columbia criminal defense attorney Dayne Phillips, could not be reached for comment.
The federal court database filings Thursday did not say what charges May could face.
The file lists several electronics apparently seized from May’s home on August 5: a Lenovo laptop, an Amazon tablet, four cellphones, four hard drives, four SD cards, two DVD-Rs and 19 thumb drives .
The filing states that federal law authorities are seeking to take permanent possession of the seized electronic equipment in a legal proceeding called a “judicial forfeiture.” May is contesting the seizure, the filing said.
The state newspaper and other media reported in August that a home belonging to May was searched on August 5 by agents from the Homeland Security Investigations unit, a law enforcement agency within the Department of Homeland Security. The officers seized various electronic equipment, but did not indicate what was taken.
That agency conducts federal criminal investigations into child exploitation, human trafficking, and the illegal movement of people, goods, money, contraband, weapons, and sensitive technology into, out of, and through the United States.
Since those reports, May – who is known for responding to journalists’ questions on political matters – has been unavailable to comment on the search via phone, text, email and in-person attempts.
However, May did provide The State with a comment when asked about write-in candidate Brian Duncan, shooting back at claims Duncan had made about his recent presence in the district. “Mr. Duncan’s claims are simply not true,” May wrote in a text message. “I am committed to meeting the needs of the people of District 88 and representing them over the next two years.”
May, 37, was elected to the SC House in 2020. He was the former chairman of the state Freedom Caucus, a group of ultraconservative Republicans known for their intransigent positions and limited government positions.
May is described by many inside and outside the group as a major factor in the success and launch of the Freedom Caucus. The group has often clashed with more moderate Republicans over the past three years.
May is the owner of a political consulting firm, Ivory Tusk Consulting, and lives on Lake Frances Drive in West Columbia. He is married and has two young children, according to state records.
State Rep. Jordan Pace, R-Berkeley, chairman of the Freedom Caucus, told the State on Friday that he had not spoken to May in months and had no comment on the federal filing. Pace said some other members of the Freedom Caucus may have spoken to him.
State Rep. Ryan McCabe, R-Lexington, another member of the hardline group, had recently spoken with May.
McCabe said he was not aware of the motion and said he has known May for a few years and has no reason to believe the rumors or things he is accused of are true.
“I know him to be a genuine person,” McCabe said. “I never learned anything about him or saw him do anything that would lead me to believe he is anything other than an upstanding individual. But this is all news to me, I had never heard of it before.”
McCabe said based on his last conversation with May, he assumes May would also be incredibly surprised to hear about the motion.
“I really believe in RJ, and again… the one thing I know about RJ is that he is a genuine person who can always be counted on to keep his word,” McCabe said.
Assistant U.S. Attorneys Scott Matthews and Carrie Fisher Sherard are federal prosecutors involved in the case.
A spokesperson for the U.S. Attorney’s Office in Columbia said Friday that the office had no comment. “The document speaks for itself.”
The federal judge in the case is Cameron McGowan Currie.
Reporter Joe Bustos contributed to this story.
