Justice Manual § 9-115.100

The United States Marshals Service (USMS) has primary authority over the management and disposal of seized assets in its custody that are subject to forfeiture or are forfeited under laws enforced by agencies within the Department of Justice as well as certain other federal agencies by agreement. Arrangements for property services or commitments pertaining to the management and disposition of such property are the responsibility of the USMS. The authority of the Attorney General to dispose of forfeited real property and warrant title has been delegated to the USMS director by 28 C.F.R. § 0.111(I).

Management and disposal of assets seized by agencies within the Department of Treasury and other agencies included by agreement (including certain agencies moved from Treasury to the Department of Homeland Security) are handled by property custodians (generally contractors) operating under Treasury guidelines. The Treasury agency case agent is generally the initial point of contact for issues relating to seized property custody, management, and disposal.

Prior to taking any action (e.g., in a settlement or plea agreement) concerning the management or disposition of property, the United States Attorney or agent in charge of the field office responsible for an administrative forfeiture case should consult with the United States Marshals Service in cases involving Department of Justice seizing agencies, or Treasury in cases involving Treasury seizing agencies, to discuss management or disposition issues. Such discussions shall address the impact that such proposed action may have on the United States Marshals Service or other custodial agency in undertaking, continuing, or terminating custody of the property. If the interests of claimants are to be satisfied in whole or in part by payments from the proceeds of a sale of the property by the Marshals Service or other custodial agency, the proposed forfeiture order should provide specific guidance for the Marshals Service or other custodial agency concerning such payments. In the case of any settlement or plea agreement that requires the payment of a specific amount, rather than an amount up to the proceeds of sale received in liquidation of forfeited property, approval must be obtained from the United States Marshals Service prior to the execution of the settlement or plea agreement. See Chapter 5 of the Asset Forfeiture Policy Manual ("Management and Disposal of Seized Assets"). The Money Laundering, Narcotics and Forfeiture Section (MNF) shall resolve any disputes that may arise in the event that the United States Attorney and the United States Marshal cannot agree on the appropriate resolution.