# Justice Manual § 9-120.107: Actual Knowledge of Forfeitability

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-120.107

## Section

- **Citation:** Justice Manual § 9-120.107
- **Heading:** Actual Knowledge of Forfeitability
- **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 § 9-120.107

## Text

For purposes of these guidelines, actual knowledge refers not simply to knowledge that some of a client's assets are either subject to forfeiture or from criminal misconduct. Rather, an attorney must have actual knowledge that the particular asset he/she received was subject to forfeiture. The guidelines require that there be reasonable grounds to believe that actual knowledge exists.

Reasonable grounds exist for believing that an attorney has actual knowledge that an asset is subject to forfeiture when there is evidence that it was known to the attorney at the time of the transfer either: (a) that the government had asserted that the particular asset is subject to forfeiture or (b) that the particular asset in fact is from criminal misconduct.

[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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-120.107. Check the current official text before relying on it. Not legal advice.