US · guidance
Justice Manual § 9-113.330
Use of Administrative Forfeiture in Settlement of Criminal Forfeitures.
In those cases where property has been seized or restrained for forfeiture under criminal statutes and an agreement reached between the United States Attorney and the claimant/defendant prior to an order of forfeiture relating to a proposed administrative forfeiture of the property:
the headquarters of the seizing agency must concur in that part of the settlement that would obligate the agency to commence administrative forfeiture proceedings;
the seizure or restraining orders must be dismissed; and
the jurisdiction of the district court over the property must be relinquished. The provisions of JM 9-113.310 must be met before referral may be made to a seizing agency under this policy. The seizing agency shall initiate the administrative forfeiture process to effectuate such an agreement upon receipt of a referral in compliance with this policy, consistent with its lawful authority.
See Chapter 11 of the Asset Forfeiture Policy Manual ("Using Administrative Forfeiture To Settle a Criminal Forfeiture Action").
History
[updated May 2010]
Provenance
- Source
- justice.gov
- Retrieved
- 2026-09-20
- Edition
- jm-2026-09-20
- Content hash
daa5720a0e9c090c6dfb6141158dd2d01342bd5198bd50556f8b956a4d6fe5d6
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