Justice Manual § 9-116.110

The adoption policies and procedures are intended to ensure consistent review and handling of state and local seizures presented for federal adoption. See Chapter 1 of the Asset Forfeiture Policy Manual.

All state and local seizures presented for adoption must be reported on a form entitled "Request for Adoption of State or Local Seizure." A copy of this form is in the Asset Forfeiture Policy Manual, Appendix H. The form must be completed by the requesting state or local agency, but Federal personnel may, in their discretion, complete the form for the requesting state or local agency. Depending on the jurisdiction, state or local agencies may also be required to submit a declination letter from the state court waiving the state's authority to conduct forfeiture proceedings along with the Request for Adoption of State or Local Seizure form.

Information concerning any state forfeiture proceedings instituted against the property must be detailed in the request for adoption form. A federal agency must not adopt a seizure while the property remains subject to the jurisdiction of a state court. The state or local agency also may be required to complete the Federal agency's standard federal asset seizure form as part of the adoption request. All information provided must be complete and accurate. An estimate of fair market value must be provided for each item of seized property presented for adoption and any liens and lienholders must be identified. Copies of any investigative reports and of any affidavits in support of warrants pertinent to the seizure must be attached for review. State or local agencies may redact from investigative reports information which may disclose the identity of a confidential informant. See Chapter 1 of the Asset Forfeiture Policy Manual.