Consultation with the Seizing Agency Requirement for Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions

All settlements must be negotiated in consultation with the seizing agency and the U.S. Marshals Service.

See

Chapter 11 of the Asset Forfeiture Policy Manual.

It is the obligation of both the Assistant United States Attorney (AUSA) and the investigating agent before any type of settlement is discussed to determine what property, if any, is presently being processed for administrative forfeiture. Moreover, AUSAs may not reach agreements with defendants or their counsel about the return of property that is the subject of an administrative forfeiture proceeding without first consulting the seizing agency. Property that has been administratively forfeited belongs to the Government and, therefore, cannot be returned to a defendant or be used to pay restitution as part of a plea agreement, except through the restoration process outlined in Chapter 14 of the Asset Forfeiture Policy Manual.

Input from the USMS should be sought to determine current and prospective expenses to ensure that the settlement is fiscally sound from the Government's perspective.

[updated May 2010] [cited in

JM 9-2.400

;

9-119.010

]