# Justice Manual § 9-112.160: Motions for Reconsideration in Criminal Forfeiture Cases > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-112.160 ## Section - **Citation:** Justice Manual § 9-112.160 - **Heading:** Motions for Reconsideration in Criminal Forfeiture Cases - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** DOJ Justice Manual / Title 9: Criminal / 9-112.000 - Administrative And Judicial Forfeiture / Justice Manual § 9-112.160 ## Text When the order of forfeiture in a criminal case contains a legal or factual error, the Government may file a motion for reconsideration. If the order was entered prior to sentencing, as contemplated by Rule 32.2(b)(2), Federal Rules of Criminal Procedure, the filing of the motion for reconsideration is straightforward. If the order is not entered until sentencing, however, the opportunity to move to correct the order may be quite limited. That is because the filing of a motion for reconsideration in a criminal case may not suspend the time for filing an appeal under Appellate Rule 4(b), and because, in any event, the only vehicle for correcting an order of forfeiture once it becomes part of the sentence may be Rule 35(a), which requires that the motion be made, and the relief be granted, within 7 days of the sentence. Accordingly, prosecutors should always ask the court to issue a preliminary order of forfeiture as soon as possible in accordance with Rule 32.2(b)(2) so that there is ample opportunity to correct the order before it becomes final at sentencing. Prosecutors should not assume that a motion for reconsideration filed after the sentence will suspend the time for appeal. The Department's policy is to assume that Rule 35(a) applies. Accordingly, until this issue is resolved by the courts or by Congress, in a criminal case in which the order of forfeiture is not entered until sentencing, a prosecutor who files a motion for reconsideration of the order should file the motion, and urge the court to rule on it, within 7 days of the sentence. In addition, the AUSA should not assume that the filing of the motion will extend the time for filing an appeal, but should instead file the notice of appeal before the 30th day under App. Rule 4(b)(1)(B) regardless of the status of a pending motion for reconsideration a motion for reconsideration of the order should file the motion, and urge the court to rule on it, within 7 days of the sentence. In addition, the AUSA should not assume that the filing of the motion will extend the time for filing an appeal, but should instead file the notice of appeal before the 30th day under App. Rule 4(b)(1)(B) regardless of the status of a pending motion for reconsideration. As a courtesy to the district court, the prosecutor may want to advise the court of the Government's policy on this matter so that the court understands the reasons why the Government may feel compelled to file its notice of appeal—which divests the district court of jurisdiction—even though the court may have scheduled a hearing on the Government's motion. In all cases, however, the interests of justice would be better served if the court were to enter a preliminary order of forfeiture as soon as possible after the entry of a verdict or the acceptance of a guilty plea so that the court would have a full opportunity prior to sentencing to correct any legal or factual error. A motion for reconsideration would always be appropriate if filed after the order is entered but prior to sentencing. If that practice is followed, much unnecessary litigation over the scope of Rule 35(a), and many unnecessary appeals, may be avoided. Because the law regarding the application of Rule 35(a) and App. Rule 4(b)(5) to motions to reconsider orders of forfeiture in criminal cases is unclear, AUSAs should act conservatively to protect the Government's right to appeal from the forfeiture portion of a criminal sentence. Until the law on this issue becomes more clear, prosecutors should assume that any motion for reconsideration of a criminal forfeiture order should be filed and ruled upon within 7 days of sentencing in accordance with Rule 35(a), and that the filing of the motion will not suspend the time for filing an appeal under App. Rule 4(b)(1)(B) to appeal from the forfeiture portion of a criminal sentence. Until the law on this issue becomes more clear, prosecutors should assume that any motion for reconsideration of a criminal forfeiture order should be filed and ruled upon within 7 days of sentencing in accordance with Rule 35(a), and that the filing of the motion will not suspend the time for filing an appeal under App. Rule 4(b)(1)(B). In all cases, the Government should urge the district court to comply with Rule 32.2(b)(2) in issuing a preliminary order of forfeiture as soon as possible after the entry of a verdict or the acceptance of a guilty plea so that there is ample time to correct the order prior to sentencing. For additional information on this topic see Chapter 2 of the Asset Forfeiture Policy Manual ("Filing a Motion for Reconsideration in a Criminal Forfeiture Case"). [new May 2010] ## Nearby sections - [Justice Manual § 9-112.110 Administrative Forfeiture Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-112.110.md) - [Justice Manual § 9-112.120 Interplay of Administrative Forfeiture and Criminal Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.120.md) - [Justice Manual § 9-112.130 Requesting the Seizing Agency to Suspend the Administrative Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.130.md) - [Justice Manual § 9-112.140 Conversion of Administrative Forfeitures Covered by the Customs Carve-Out in CAFRA to Judicial Forfeitures](https://www.frixlaw.com/law-library/statutes/JM_S9-112.140.md) - [Justice Manual § 9-112.150 Seizure Pursuant to a Criminal Warrant: Availability of Administrative Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.150.md) - [Justice Manual § 9-112.160 Motions for Reconsideration in Criminal Forfeiture Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-112.160.md) - [Justice Manual § 9-112.170 Preference for Federal Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.170.md) - [Justice Manual § 9-112.210 Sixty-Day Notice Period in All Administrative Forfeiture Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-112.210.md) - [Justice Manual § 9-112.220 Policy on the Deadline for Filing a Civil Forfeiture Action in Cases that do not Begin as Administrative Forfeiture Proceedings](https://www.frixlaw.com/law-library/statutes/JM_S9-112.220.md) - [Justice Manual § 9-112.230 Preservation Policy for Civil Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.230.md) - [Justice Manual § 9-112.240 Prior Approval Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-112.240.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-112.160. Check the current official text before relying on it. Not legal advice.