# Justice Manual § 9-113.100: Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-113.100

## Section

- **Citation:** Justice Manual § 9-113.100
- **Heading:** Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-113.000 - Forfeiture Settlements / Justice Manual § 9-113.100

## Text

Settlements to forfeit property are encouraged to conserve the resources of both the United States and claimants in situations where justice will be served. See Chapter 11 of the Asset Forfeiture Policy Manual.
The following principles must be observed when negotiating and structuring settlements.
The critical principle that must be applied to all settlements is that civil forfeiture, either judicial or administrative, should not be used to gain an advantage in a criminal case. Furthermore, all settlements must be in compliance with Attorney General Order No. 92-1598, Appendix to Subpart Y, Part 0, Title 28, Code of Federal Regulations (C.F.R.) establishing the settlement and compromise authority redelegated to the United States Attorneys from the Assistant Attorney General, Criminal Division, in accordance with the requirements of 28 C.F.R. § 0.168(d). Other general requirements applicable to all settlements are set out in
JM 9-113.101 through 9-113.800
.

For purposes of this chapter, the term settlement includes a plea agreement with the defendant in a criminal case in which there is an agreement regarding the forfeiture of property; the resolution of a third party claim in the ancillary proceeding in a criminal case; and the resolution of a claim filed by any claimant in a civil forfeiture case, either before or after the judicial complaint is filed.

[updated May 2010]

## Nearby sections

- [Justice Manual § 9-113.100 Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.100.md)
- [Justice Manual § 9-113.101 Statutory Basis Requirement for Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.101.md)
- [Justice Manual § 9-113.102 Recovery of Investigative Costs](https://www.frixlaw.com/law-library/statutes/JM_S9-113.102.md)
- [Justice Manual § 9-113.103 Consultation with the Seizing Agency Requirement for Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.103.md)
- [Justice Manual § 9-113.104 Dispute Resolution in Consultations with the Seizing Agency Before Settlement or Plea Bargaining in Civil and Criminal Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.104.md)
- [Justice Manual § 9-113.105 Coordination of Forfeiture Settlements by United States Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-113.105.md)
- [Justice Manual § 9-113.106 Settlement of Forfeiture in Conjunction with Plea Bargaining](https://www.frixlaw.com/law-library/statutes/JM_S9-113.106.md)
- [Justice Manual § 9-113.107 Forfeiture Settlements Involving Installment Payments](https://www.frixlaw.com/law-library/statutes/JM_S9-113.107.md)
- [Justice Manual § 9-113.108 Reacquisition of Forfeited Property](https://www.frixlaw.com/law-library/statutes/JM_S9-113.108.md)
- [Justice Manual § 9-113.109 Tax Obligations, Fines, Penalties, and Other Monetary Obligations in Forfeiture Settlements](https://www.frixlaw.com/law-library/statutes/JM_S9-113.109.md)
- [Justice Manual § 9-113.200 Monetary Amounts of Forfeiture Settlement Authority](https://www.frixlaw.com/law-library/statutes/JM_S9-113.200.md)
- [Justice Manual § 9-113.300 Effecting Settlement Agreements Through Administrative Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-113.300.md)
- [Justice Manual § 9-113.310 Use of Administrative Forfeiture in Settlement of Civil Judicial Forfeitures Stemming From Administrative Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.310.md)
- [Justice Manual § 9-113.320 Use of Administrative Forfeiture in Settlement of Civil Judicial Forfeitures not Stemming from Prior Administrative Actions](https://www.frixlaw.com/law-library/statutes/JM_S9-113.320.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-113.100. Check the current official text before relying on it. Not legal advice.