Administrative Forfeiture Policy

Properties subject to administrative forfeiture must be forfeited administratively, unless one of the following exceptions applies:

Where several items of personal property (other than monetary instruments) are subject to civil forfeiture under the same statutory authority, and on the same factual basis, and they have a common owner, and have a combined appraised value in excess of $500,000, the property should be forfeited judicially in a single action.

Where the items subject to forfeiture include some that can be forfeited administratively and others that must be forfeited judicially, the forfeitures may be combined in a single judicial action.

When pursuing administrative forfeiture might create the appearance that the Government is circumventing the time limits on administrative forfeiture set forth in 18 U.S.C. § 983(a), the forfeiture should be done judicially.

When the United States Attorney and the seizing agency agree that the forfeiture should proceed judicially in the first instance.

When the United States Attorney requests that the seizing agency suspend the administrative forfeiture to allow the forfeiture to be handled criminally, and the seizing agency agrees to do so, the forfeiture may be pursued exclusively as part of the criminal case.

See

Chapter 2 of the Asset Forfeiture Policy Manual ("Interplay of Administrative Forfeiture and Civil Forfeiture").

[updated May 2010] [cited in

JM 9-2.400

]