# Justice Manual § 9-120.102: Forfeiture of Assets Transferred to an Attorney in a Fraudulent or Sham Transaction

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-120.102

## Section

- **Citation:** Justice Manual § 9-120.102
- **Heading:** Forfeiture of Assets Transferred to an Attorney in a Fraudulent or Sham Transaction
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-120.000 - Attorney Fee Forfeiture Guidelines / Justice Manual § 9-120.102

## Text

Forfeiture of an asset transferred to an attorney as fees for legal services may be pursued where there are reasonable grounds to believe the transfer was a fraudulent or sham transaction designed to shield from forfeiture assets which otherwise are forfeitable.

The mere fact that an attorney has received a forfeitable asset as payment for legal fees by itself does not provide reasonable grounds to believe the transfer was a fraudulent or sham transaction. There must be reasonable cause to believe the asset was transferred for the purpose of impeding or defeating the government's ability to forfeit it. Generally, there should be some proof that a scheme existed to maintain the client's interest in the asset or ability to use it to his/her benefit. This may be shown, for example, by proof that the value of services actually rendered was disproportionately low compared to the value of the asset transferred and that there was agreement by the attorney to transfer the asset or some portion of it back to the client. In other situations there may be evidence that the attorney agreed to transfer the asset to another third party for the benefit of the client or to an account or corporation that is controlled by the client. The evidence, however, need not establish that the attorney was a participant in the criminal activity giving rise to the forfeiture or that he/she otherwise violated any law.

[new May 2010]

## Nearby sections

- [Justice Manual § 9-120.100 Policy Limitations on Application of Forfeiture Provisions to Attorney Fees](https://www.frixlaw.com/law-library/statutes/JM_S9-120.100.md)
- [Justice Manual § 9-120.101 Attorney Fee Forfeiture Guidelines](https://www.frixlaw.com/law-library/statutes/JM_S9-120.101.md)
- [Justice Manual § 9-120.102 Forfeiture of Assets Transferred to an Attorney in a Fraudulent or Sham Transaction](https://www.frixlaw.com/law-library/statutes/JM_S9-120.102.md)
- [Justice Manual § 9-120.103 Forfeiture of Assets Transferred to an Attorney for Representation in a Civil Matter](https://www.frixlaw.com/law-library/statutes/JM_S9-120.103.md)
- [Justice Manual § 9-120.104 Forfeiture of Assets Transferred to an Attorney for Representation in a Criminal Matter](https://www.frixlaw.com/law-library/statutes/JM_S9-120.104.md)
- [Justice Manual § 9-120.105 Discussion of Actual Knowledge and/or Reasonable Cause to Know](https://www.frixlaw.com/law-library/statutes/JM_S9-120.105.md)
- [Justice Manual § 9-120.106 At the Time of the Transfer](https://www.frixlaw.com/law-library/statutes/JM_S9-120.106.md)
- [Justice Manual § 9-120.107 Actual Knowledge of Forfeitability](https://www.frixlaw.com/law-library/statutes/JM_S9-120.107.md)
- [Justice Manual § 9-120.108 Knowledge that the Government has Asserted that a Particular Asset is Subject to Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-120.108.md)
- [Justice Manual § 9-120.109 Knowledge that the Asset in Fact is from Criminal Misconduct](https://www.frixlaw.com/law-library/statutes/JM_S9-120.109.md)
- [Justice Manual § 9-120.110 Reasonable Cause to Know that an Asset is Subject to Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-120.110.md)
- [Justice Manual § 9-120.111 Policy Concerning Issuance of Notification Letters to Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-120.111.md)
- [Justice Manual § 9-120.112 Discovery of Information Concerning an Asset Transferred to an Attorney as Fees for Legal Services](https://www.frixlaw.com/law-library/statutes/JM_S9-120.112.md)
- [Justice Manual § 9-120.113 Compelled Disclosure of Confidential Communications During the Course of the Representation](https://www.frixlaw.com/law-library/statutes/JM_S9-120.113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-120.102. Check the current official text before relying on it. Not legal advice.