# Justice Manual § 9-119.010: General Approval, Consultation, and Notification Requirements

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-119.010

## Section

- **Citation:** Justice Manual § 9-119.010
- **Heading:** General Approval, Consultation, and Notification Requirements
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-119.000 - Asset Forfeiture Approval, Consultation, And Notification Requirements / Justice Manual § 9-119.010

## Text

Topic
Requirement
Reference
Administrative Forfeiture
Headquarters of seizing agency must be consulted where a civil or criminal forfeiture agreement requires an administrative forfeiture
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.103
Attorney's Fees
Assistant Attorney General must give approval to enter into a formal or informal, written or oral agreement, to exempt from forfeiture an asset transferred to an attorney as fees for legal services
Asset Forfeiture Policy Manual Chap. 8
JM 9-120.116
Attorney's Fees
Assistant Attorney General's approval is required for any action to institute a criminal or civil forfeiture proceeding against an asset transferred to an attorney as a fee for legal services
Asset Forfeiture Policy Manual Chap. 8
JM 9-120.112
Attorneys—Notice Letters to Attorneys
It is permissible to provide written notice to an attorney of the government's intent to seek forfeiture of an asset when it has been concluded that an attorney has actual knowledge that the asset is subject to forfeiture based on facts and information other than that contained in a written notice. However, where the criminal case giving rise to the forfeiture has not been concluded, such notice should be given only in extraordinary cases and may not be given without the approval of the AAG
Asset Forfeiture Policy Manual Chap. 8
JM 9-120.111
Business Entities
USAO must consult with MNF prior to filing indictment, information, or complaint in any forfeiture action against, seeking the seizure of, or moving to restrain an ongoing business
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.124
Business Entities
In any case where forfeiture of a business is sought under the theory that the business facilitated the money laundering offenses, no forfeiture action, either criminal or civil, may be filed without prior consultation with MNF
Asset Forfeiture Policy Manual Chap
seeking the seizure of, or moving to restrain an ongoing business
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.124
Business Entities
In any case where forfeiture of a business is sought under the theory that the business facilitated the money laundering offenses, no forfeiture action, either criminal or civil, may be filed without prior consultation with MNF
Asset Forfeiture Policy Manual Chap. 1
JM 9-105.330
Business Entities
USAO must notify MNF when it learns (or USMS learns) that a restrained or seized business is losing money, has insufficient equity, or will be sold at a loss
Asset Forfeiture Policy Manual Chaps. 1 and 11
Correspondent Accounts
MNF must give approval before serving a restraining order, seizure warrant, or warrant of arrest on a correspondent bank account under 18 U.S.C. § 981(k) (chief of MNF will get concurrence from director of OIA)
Memorandum from AAG Chertoff
USA Patriot Act, Section 319, codified at 18 U.S.C. § 981(k)
Correspondent Accounts
OIA must give written approval before USAO may issue summonses or subpoenas to foreign banks that maintain accounts with correspondent banks in the United States to obtain records
Memorandum from AAG Chertoff
AG order delegating authority to AAG
USA Patriot Act, Section 319, codified at 31 U.S.C. § 5318(k)
JM 9-13.525
Deposit of Seized Cash
MNF must give approval for exceptions to the policy requiring prompt deposit of any seized cash into the Seized Asset Deposit Fund (delegated by AAG) unless the seized cash is less then $5,000
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.600
EAJA Awards
MNF must give approval to use funds to pay EAJA awards arising from forfeiture actions
Asset Forfeiture Policy Manual Chap. 8
JM 9-117.210
Equitable Sharing/Official Use
Deputy Attorney General must approve equitable sharing in cases involving (1) $1 million or more in forfeited assets, (2) multi-district cases, or (3) cases involving real property transfers to a state or local agency for law enforcement related use
Asset Forfeiture Policy Manual Chap
arising from forfeiture actions
Asset Forfeiture Policy Manual Chap. 8
JM 9-117.210
Equitable Sharing/Official Use
Deputy Attorney General must approve equitable sharing in cases involving (1) $1 million or more in forfeited assets, (2) multi-district cases, or (3) cases involving real property transfers to a state or local agency for law enforcement related use
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.210
JM 9-118.540
Equitable Sharing/Official Use
Attorney General and Secretary of State approval required before forfeited assets can be shared internationally
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.400
Equitable Sharing/Official Use
USAO must consult with MNF or with seizing agency during 12-month holding period to release hold on property and allow petition for remission process to proceed (and equitable sharing, etc.)
Asset Forfeiture Policy Manual Chap. 4
Equitable Sharing/Official Use
Notification must be provided to MNF of all equitable sharing agreements approved by the USAO under $1 million from judicial forfeitures
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.210
Equitable Sharing/Official Use
MNF should be notified if seizing agency decides to place property into agency's official use and the property is valued at $50,000 or more
Asset Forfeiture Policy Manual Chap. 5
JM 9-118.440
Foreign Property
MNF (which will consult with OIA) must be consulted before taking steps to present a foreign government for enforcement or recognition of any civil or criminal forfeiture order entered in the United States for property located within the foreign jurisdiction
Asset Forfeiture Policy Manual Chap. 6
JM 9-13.526
Liens/Mortgages
MNF must approve any requests for payment of liens and mortgages in excess of sale proceeds
Asset Forfeiture Policy Manual Chap
efore taking steps to present a foreign government for enforcement or recognition of any civil or criminal forfeiture order entered in the United States for property located within the foreign jurisdiction
Asset Forfeiture Policy Manual Chap. 6
JM 9-13.526
Liens/Mortgages
MNF must approve any requests for payment of liens and mortgages in excess of sale proceeds
Asset Forfeiture Policy Manual Chap. 5
Expedited Forfeiture Settlement Policy I(B) does not require approval, only encourages consultation with MNF
JM 9-113.800
Plea Agreements
or
Settlements
USMS and the seizing agency must be consulted during negotiation of settlements
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.103
Plea Agreements
or
Settlements
U.S. Attorney may approve any settlement in a criminal or civil forfeiture claim if the amount involved is less than $1,00,000 or if the amount to be released does not exceed 15 percent of the amount involved and the amount involved is less than $5 million
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.200
Plea Agreements
or
Settlements
Chief of MNF has authority to approve any forfeiture settlement where:
(1) the amount involved exceeds $1,00,000 but does not exceed $5 million, and the amount to be released exceeds 15 percent of the amount involved, unless the amount to be released is more than $2 million; or
(2) the amount involved exceeds $5 million, unless the amount to be released exceeds 15 percent of the amount involved and is more than $2 million
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.200
Plea Agreements
or
Settlements
Deputy Attorney General must approve any forfeiture settlement where the amount to be released exceeds 15 percent of the amount involved and is more than $2 million
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.200
Plea Agreements
or
Settlements
Seizing agency must be consulted before entering into plea agreements or settlements returning property that is the subject of administrative forfeiture proceedings
Asset Forfeiture Policy Manual Chap
ure settlement where the amount to be released exceeds 15 percent of the amount involved and is more than $2 million
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.200
Plea Agreements
or
Settlements
Seizing agency must be consulted before entering into plea agreements or settlements returning property that is the subject of administrative forfeiture proceedings
Asset Forfeiture Policy Manual Chap. 2
JM 9-113.103
Plea Agreements
or
Settlements
MNFmust give approval to return of property subject to administrative forfeiture as part of a plea agreement
Asset Forfeiture Policy Manual Chap. 2
Plea Agreements
or
Settlements
USAO must obtain advice and approval of MNF prior to any settlement that provides for unsecured partial payment (with the USMS)
Asset Forfeiture Policy Manual Chap. 3
JM 9-113.107
Preseizure Planning
USMS must be consulted as part of the preseizure planning process prior to seizure/restraint and forfeiture of assets
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.110
Preseizure Planning
USAO must give approval prior to the release of sensitive law enforcement information to third party contractors for the purpose of preseizure planning
Asset Forfeiture Policy Manual Chap. 1
Real property
USMS must be consulted prior to adoption of seizure of real property
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.190
Real property
USMS must be consulted prior to seizure of contaminated real property
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.400
JM says USAO should exercise its discretion
Real property
The Deputy Attorney General must approve real property transfers to state or local agencies for further transfer to other government agencies or non-profit agencies for use in the Weed and Seed Program
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.500
Restitution
Notification must be provided to MNF of the imposition of 12-month hold for entry of restitution order (or USMS or seizing agency)
Asset Forfeiture Policy Manual Chap
approve real property transfers to state or local agencies for further transfer to other government agencies or non-profit agencies for use in the Weed and Seed Program
Asset Forfeiture Policy Manual Chap. 6
JM 9-116.500
Restitution
Notification must be provided to MNF of the imposition of 12-month hold for entry of restitution order (or USMS or seizing agency)
Asset Forfeiture Policy Manual Chap. 4
Seizure Thresholds
Supervisory level approval in the USAO required for any downward departure from the seizing thresholds (in writing)
Asset Forfeiture Policy Manual Chap. 1
JM 9-111.120
Trustees & Monitors
USAO must consult with MNF before seeking appointment of a trustee or monitor
Asset Forfeiture Policy Manual Chap. 11
JM 9-111.125

[updated January 2026]

## Nearby sections

- [Justice Manual § 9-119.010 General Approval, Consultation, and Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-119.010.md)
- [Justice Manual § 9-119.100 Administrative Forfeiture 60-Day Notice Waiver Approval/Consultation/Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-119.100.md)
- [Justice Manual § 9-119.102 Adoption Policy —Approval/Consultation/Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-119.102.md)
- [Justice Manual § 9-119.111 Forfeiture Appeals—Approval/Consultation/Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-119.111.md)
- [Justice Manual § 9-119.119 Restraining Orders Pre-Indictment—Approval/Consultation/Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-119.119.md)
- [Justice Manual § 9-119.300 Food, Drug and Cosmetic Act Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-119.300.md)
- [Justice Manual § 9-119.400 Money Laundering Prosecutions and Forfeitures](https://www.frixlaw.com/law-library/statutes/JM_S9-119.400.md)
- [Justice Manual § 9-119.700 Remission (or Mitigation) and Restoration of Forfeited Properties](https://www.frixlaw.com/law-library/statutes/JM_S9-119.700.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-119.010. Check the current official text before relying on it. Not legal advice.
