Requesting the Seizing Agency to Suspend the Administrative Forfeiture
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DOJ Justice Manual › Title 9: Criminal › 9-112.000 - Administrative And Judicial Forfeiture › Justice Manual § 9-112.130
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In an extraordinary case, the U.S. Attorney may have a reason why the case should not be handled administratively and may ask the seizing agency to suspend the administrative forfeiture in favor of criminal forfeiture. Seizing agencies will generally comply with that request, but the U.S. Attorney may then have to take steps to ensure that the 60-day deadline for commencing an administrative forfeiture proceeding under section 983(a)(1)(A) is not violated.
See
section 983(a)(1)(A)(iii) (no notice of administrative forfeiture is required if, before the 60-day period expires, a grand jury returns an indictment naming the property, and the Government takes steps to preserve its right to maintain custody of the property under the criminal forfeiture laws).
See
Chapter 2 of the Asset Forfeiture Policy Manual ("Requesting the Seizing Agency to Suspend the Administrative Forfeiture").
[updated May 2010]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.