# Justice Manual § 9-113.103: Consultation with the Seizing Agency Requirement for 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_S9-113.103

## Section

- **Citation:** Justice Manual § 9-113.103
- **Heading:** Consultation with the Seizing Agency Requirement for 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 § 9-113.103

## Text

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
]

## 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_S9-113.103. Check the current official text before relying on it. Not legal advice.