Use of Administrative Forfeiture in Settlement of Civil Judicial Forfeitures Stemming From Administrative Actions

The following requirements must be met where a claim has been filed and the case has been referred to the United States Attorney but a settlement is reached before a civil judicial complaint has been filed.

The terms of the settlement should be reduced to writing by the United States Attorney and include:

A provision whereby the claimant/defendant identifies his or her ownership interest in the property to be forfeited;

A provision whereby the claimant/defendant gives up all right, title, and interest in the property;

A provision whereby the claimant/defendant agrees not to contest the government's administrative forfeiture action and waives all deadlines under 18 U.S.C. § 983(a);

A provision whereby the claimant/defendant agrees and states that the property to be forfeited administratively was connected to the illegal activity as proscribed by the applicable civil forfeiture statute (e.g., money to be forfeited is in fact proceeds from illegal drug trafficking);

Specific reference to the withdrawal of the claim; and

A "hold harmless" provision and a general waiver of Federal Tort Claims Act rights and

Bivens

actions, as well as a waiver of all constitutional and statutory defenses and claims.

The case should be referred promptly back to the seizing agency to reinstitute the administrative process. The seizing agency shall reinstitute the administrative forfeiture process to effectuate the agreement upon receipt of a referral in compliance with this policy, consistent with its lawful authority.

Where the agreement provides for the claimant to withdraw the claim to all property subject to forfeiture, the entire case will be referred back to the agency for administrative forfeiture.

Where the agreement provides for the claimant to withdraw only a part of a claim, the case will be referred back to the agency for administrative forfeiture of that portion of the forfeitable property named in the agreement, and the agency may release the remainder to the claimant consistent with the settlement.

e, the entire case will be referred back to the agency for administrative forfeiture.

Where the agreement provides for the claimant to withdraw only a part of a claim, the case will be referred back to the agency for administrative forfeiture of that portion of the forfeitable property named in the agreement, and the agency may release the remainder to the claimant consistent with the settlement.

Re-publication of the notice or of the administrative forfeiture action is not necessary, provided publication covering the property to be forfeited occurred prior to the filing of the claim.

See

Chapter 11 of the Asset Forfeiture Policy Manual ("Settlement of Forfeiture as an Administrative Forfeiture After a Claim is Filed in an Administrative Forfeiture Proceeding, But Before a Judicial Complaint is Filed") and

JM 9-113.400

.

[updated May 2010] [cited in

JM 9-113.330

;

9-113.400

]