# Justice Manual § 9-115.300: Disposition of Forfeited Property

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-115.300

## Section

- **Citation:** Justice Manual § 9-115.300
- **Heading:** Disposition of Forfeited Property
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-115.000 - Use And Disposition Of Seized And Forfeited Property / Justice Manual § 9-115.300

## Text

The disposition of property forfeited to the United States is an executive branch decision and not a matter for the court. Consequently, orders of forfeiture should be drafted broadly to direct forfeiture of the property to the United States "for disposition in accordance with law." In addition, orders of forfeiture should specifically address any third party claims against the forfeited property that are recognized by the United States. If the interests of the claimant are to be satisfied in whole or in part by payments from the proceeds of a sale of property by the United States Marshals Service or Treasury, the proposed forfeiture order should provide specific guidance concerning such payments and, where possible, specify that such claims shall be paid only after the costs of the United States are recovered, and shall be paid only up to the amount realized from the proceeds of the forfeited property. The Attorney General has been given the authority to dispose of forfeited property "by sale or any other commercially feasible means" without subsequent court approval.
See
21 U.S.C. §§ 881(e), 853(h), and 18 U.S.C. § 1963(f). This is generally called a "forfeiture sale" of the property. Forfeiture sales do not require judicial confirmation pursuant to 28 U.S.C. § 2001.
See
Chapter 5 of the Asset Forfeiture Policy Manual ("Disposal of Forfeited Property").

[updated May 2010]

## Nearby sections

- [Justice Manual § 9-115.100 Management and Disposal of Seized Assets](https://www.frixlaw.com/law-library/statutes/JM_S9-115.100.md)
- [Justice Manual § 9-115.200 Use of Seized Property by Department of Justice Personnel](https://www.frixlaw.com/law-library/statutes/JM_S9-115.200.md)
- [Justice Manual § 9-115.202 Use of Seized Property Where Custody is Retained by the State or Local Seizing Agency](https://www.frixlaw.com/law-library/statutes/JM_S9-115.202.md)
- [Justice Manual § 9-115.203 Use of Seized Real Property by Occupants](https://www.frixlaw.com/law-library/statutes/JM_S9-115.203.md)
- [Justice Manual § 9-115.300 Disposition of Forfeited Property](https://www.frixlaw.com/law-library/statutes/JM_S9-115.300.md)
- [Justice Manual § 9-115.310 Disposition of Forfeitable Property by Interlocutory Sale](https://www.frixlaw.com/law-library/statutes/JM_S9-115.310.md)
- [Justice Manual § 9-115.400 Attorney General's Authority to Warrant Title](https://www.frixlaw.com/law-library/statutes/JM_S9-115.400.md)
- [Justice Manual § 9-115.412 Indemnification Agreement in Addition to Special Warranty Deed](https://www.frixlaw.com/law-library/statutes/JM_S9-115.412.md)
- [Justice Manual § 9-115.420 General Warranty Deed](https://www.frixlaw.com/law-library/statutes/JM_S9-115.420.md)
- [Justice Manual § 9-115.430 Dispute Resolution](https://www.frixlaw.com/law-library/statutes/JM_S9-115.430.md)
- [Justice Manual § 9-115.500 Purchase or Personal Use of Forfeited Property by Department Employees](https://www.frixlaw.com/law-library/statutes/JM_S9-115.500.md)
- [Justice Manual § 9-115.600 Review of Official Use of Forfeited Property Valued at over $50,000](https://www.frixlaw.com/law-library/statutes/JM_S9-115.600.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-115.300. Check the current official text before relying on it. Not legal advice.