Justice Manual § 9-119.010

Topic: Requirement: Reference

Administrative Forfeiture: Headquarters of seizing agency must be consulted where a civil or criminal forfeiture agreement requires an administrative forfeiture: Asset Forfeiture Policy Manual Chap. 3

JM 9-113.103

Attorney's Fees: Assistant Attorney General must give approval to enter into a formal or informal, written or oral agreement, to exempt from forfeiture an asset transferred to an attorney as fees for legal services: Asset Forfeiture Policy Manual Chap. 8

JM 9-120.116

Attorney's Fees: Assistant Attorney General's approval is required for any action to institute a criminal or civil forfeiture proceeding against an asset transferred to an attorney as a fee for legal services: Asset Forfeiture Policy Manual Chap. 8

JM 9-120.112

Attorneys—Notice Letters to Attorneys: It is permissible to provide written notice to an attorney of the government's intent to seek forfeiture of an asset when it has been concluded that an attorney has actual knowledge that the asset is subject to forfeiture based on facts and information other than that contained in a written notice. However, where the criminal case giving rise to the forfeiture has not been concluded, such notice should be given only in extraordinary cases and may not be given without the approval of the AAG: Asset Forfeiture Policy Manual Chap. 8

JM 9-120.111

Business Entities: USAO must consult with MNF prior to filing indictment, information, or complaint in any forfeiture action against, seeking the seizure of, or moving to restrain an ongoing business: Asset Forfeiture Policy Manual Chap. 1

JM 9-111.124

Business Entities: In any case where forfeiture of a business is sought under the theory that the business facilitated the money laundering offenses, no forfeiture action, either criminal or civil, may be filed without prior consultation with MNF: Asset Forfeiture Policy Manual Chap. 1

JM 9-105.330

Business Entities: USAO must notify MNF when it learns (or USMS learns) that a restrained or seized business is losing money, has insufficient equity, or will be sold at a loss: Asset Forfeiture Policy Manual Chaps. 1 and 11

Correspondent Accounts: MNF must give approval before serving a restraining order, seizure warrant, or warrant of arrest on a correspondent bank account under 18 U.S.C. § 981(k) (chief of MNF will get concurrence from director of OIA): Memorandum from AAG Chertoff

USA Patriot Act, Section 319, codified at 18 U.S.C. § 981(k)

Correspondent Accounts: OIA must give written approval before USAO may issue summonses or subpoenas to foreign banks that maintain accounts with correspondent banks in the United States to obtain records: Memorandum from AAG Chertoff

AG order delegating authority to AAG

USA Patriot Act, Section 319, codified at 31 U.S.C. § 5318(k)

JM 9-13.525

Deposit of Seized Cash: MNF must give approval for exceptions to the policy requiring prompt deposit of any seized cash into the Seized Asset Deposit Fund (delegated by AAG) unless the seized cash is less then $5,000: Asset Forfeiture Policy Manual Chap. 1

JM 9-111.600

EAJA Awards: MNF must give approval to use funds to pay EAJA awards arising from forfeiture actions: Asset Forfeiture Policy Manual Chap. 8

JM 9-117.210

Equitable Sharing/Official Use: Deputy Attorney General must approve equitable sharing in cases involving (1) $1 million or more in forfeited assets, (2) multi-district cases, or (3) cases involving real property transfers to a state or local agency for law enforcement related use: Asset Forfeiture Policy Manual Chap. 6

JM 9-116.210

JM 9-118.540

Equitable Sharing/Official Use: Attorney General and Secretary of State approval required before forfeited assets can be shared internationally: Asset Forfeiture Policy Manual Chap. 6

JM 9-116.400

Equitable Sharing/Official Use: USAO must consult with MNF or with seizing agency during 12-month holding period to release hold on property and allow petition for remission process to proceed (and equitable sharing, etc.): Asset Forfeiture Policy Manual Chap. 4

Equitable Sharing/Official Use: Notification must be provided to MNF of all equitable sharing agreements approved by the USAO under $1 million from judicial forfeitures: Asset Forfeiture Policy Manual Chap. 6

JM 9-116.210

Equitable Sharing/Official Use: MNF should be notified if seizing agency decides to place property into agency's official use and the property is valued at $50,000 or more: Asset Forfeiture Policy Manual Chap. 5

JM 9-118.440

Foreign Property: MNF (which will consult with OIA) must be consulted before taking steps to present a foreign government for enforcement or recognition of any civil or criminal forfeiture order entered in the United States for property located within the foreign jurisdiction: Asset Forfeiture Policy Manual Chap. 6

JM 9-13.526

Liens/Mortgages: MNF must approve any requests for payment of liens and mortgages in excess of sale proceeds: Asset Forfeiture Policy Manual Chap. 5

Expedited Forfeiture Settlement Policy I(B) does not require approval, only encourages consultation with MNF

JM 9-113.800

Plea Agreements

or

Settlements: USMS and the seizing agency must be consulted during negotiation of settlements: Asset Forfeiture Policy Manual Chap. 3

JM 9-113.103

Plea Agreements

or

Settlements: U.S. Attorney may approve any settlement in a criminal or civil forfeiture claim if the amount involved is less than $1,00,000 or if the amount to be released does not exceed 15 percent of the amount involved and the amount involved is less than $5 million: Asset Forfeiture Policy Manual Chap. 3

JM 9-113.200

Plea Agreements

or

Settlements:

Chief of MNF has authority to approve any forfeiture settlement where:

(1) the amount involved exceeds $1,00,000 but does not exceed $5 million, and the amount to be released exceeds 15 percent of the amount involved, unless the amount to be released is more than $2 million; or

(2) the amount involved exceeds $5 million, unless the amount to be released exceeds 15 percent of the amount involved and is more than $2 million

: Asset Forfeiture Policy Manual Chap. 3

JM 9-113.200

Plea Agreements

or

Settlements: Deputy Attorney General must approve any forfeiture settlement where the amount to be released exceeds 15 percent of the amount involved and is more than $2 million: Asset Forfeiture Policy Manual Chap. 3

JM 9-113.200

Plea Agreements

or

Settlements: Seizing agency must be consulted before entering into plea agreements or settlements returning property that is the subject of administrative forfeiture proceedings: Asset Forfeiture Policy Manual Chap. 2

JM 9-113.103

Plea Agreements

or

Settlements: MNFmust give approval to return of property subject to administrative forfeiture as part of a plea agreement: Asset Forfeiture Policy Manual Chap. 2

Plea Agreements

or

Settlements: USAO must obtain advice and approval of MNF prior to any settlement that provides for unsecured partial payment (with the USMS): Asset Forfeiture Policy Manual Chap. 3

JM 9-113.107

Preseizure Planning: USMS must be consulted as part of the preseizure planning process prior to seizure/restraint and forfeiture of assets: Asset Forfeiture Policy Manual Chap. 1

JM 9-111.110

Preseizure Planning: USAO must give approval prior to the release of sensitive law enforcement information to third party contractors for the purpose of preseizure planning: Asset Forfeiture Policy Manual Chap. 1

Real property: USMS must be consulted prior to adoption of seizure of real property: Asset Forfeiture Policy Manual Chap. 6

JM 9-116.190

Real property: USMS must be consulted prior to seizure of contaminated real property: Asset Forfeiture Policy Manual Chap. 1

JM 9-111.400

JM says USAO should exercise its discretion

Real property: The Deputy Attorney General must approve real property transfers to state or local agencies for further transfer to other government agencies or non-profit agencies for use in the Weed and Seed Program: Asset Forfeiture Policy Manual Chap. 6

JM 9-116.500

Restitution: Notification must be provided to MNF of the imposition of 12-month hold for entry of restitution order (or USMS or seizing agency): Asset Forfeiture Policy Manual Chap. 4

Seizure Thresholds: Supervisory level approval in the USAO required for any downward departure from the seizing thresholds (in writing): Asset Forfeiture Policy Manual Chap. 1

JM 9-111.120

Trustees & Monitors: USAO must consult with MNF before seeking appointment of a trustee or monitor: Asset Forfeiture Policy Manual Chap. 11

JM 9-111.125