Criminal charges against S.C. Rep. RJ May could come within three months, federal authorities say

Federal prosecutors said in a court filing that state Rep. RJ May III, R-Lexington, is likely the subject of a pending criminal investigation and may face criminal charges “within three months.”

The entry into a database of federal court records is the first official public confirmation that May, who has been the subject of speculation, is involved in a criminal investigation.

May is running for a third term in House District 88. He is the only one on the ballot, but business owner Brian Duncan has launched a write-in campaign for the seat.

May’s attorney, veteran Columbia defense attorney Dayne Phillips, could not be reached for comment.

Documents filed Thursday in the federal court database do not indicate what charges May could be charged with.

The file lists various electronic devices that were apparently seized from May’s home on August 5: a Lenovo laptop, an Amazon tablet, four cell phones, four hard drives, four SD cards, two DVD-Rs and 19 USB drives. sticks.

The filing states that federal justice authorities are seeking to permanently take possession of the seized electronic devices in a legal process called a “judicial forfeiture action.” May denies the seizure, the filing says.

The State Paper and other media outlets reported in August that a May home was searched on Aug. 5 by agents from the Homeland Security Investigations Unit, a law enforcement agency of the Department of Homeland Security. Officers confiscated various electronic devices, but did not provide any information about what was taken.

This agency conducts federal criminal investigations into child exploitation, human trafficking, and the illegal movement of people, goods, money, contraband, weapons, and sensitive technology into, from, and through the United States

Since those reports, May, who is known for responding to reporters’ inquiries about political topics, has been unavailable for comment on the search by phone, text message, email or in-person attempts.

However, May made a comment to The State when asked about write-in candidate Brian Duncan in which he pushed back on claims Duncan had made about his recent presence in the district. “Mr. Duncan’s allegations are simply not true,” May said in a text message. “I am committed to addressing the needs of the people of District 88 and representing them over the next two years.”

May 37, 2020 elected to the SC House of Representatives. He was the former chairman of the state Freedom Caucus, a group of ultra-conservative Republicans known for their hardline positions and limited government stances.

May was described by many inside and outside the group as instrumental in the success and founding of the Freedom Caucus. The group has frequently clashed with more moderate Republicans over the past three years.

May is the owner of the 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 filings. Pace said some of the 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 knew nothing about the application, saying he had known May for several years and had no reason to believe any of the rumors or things being accused of him were true.

“I know him to be a sincere person,” McCabe said. “I have never learned anything about him or seen anything from him that would lead me to believe that he is anything but a sincere person. But this is all new to me, I had never heard of it before.”

McCabe said, based on his last conversation with May, he assumed May would also be incredibly surprised to learn of the motion.

“I believe in RJ, and again… the only thing I know about RJ is that he is an upstanding 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 spokesman for the U.S. attorney’s office in Colombia said Friday that the office had no comment. “The document speaks for itself.”

The federal judge in this case is Cameron McGowan Currie.

Reporter Joe Bustos contributed to this story.