# Justice Manual § 9-120.115: Post-Judgment Discovery Proceedings Under the Criminal Forfeiture Statutes > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-120.115 ## Section - **Citation:** Justice Manual § 9-120.115 - **Heading:** Post-Judgment Discovery Proceedings Under the Criminal Forfeiture Statutes - **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 § 9-120.115 ## Text The criminal forfeiture statutes provide that the court may order that depositions be taken or that records be produced after an order of forfeiture is entered in order to identify and locate property declared forfeited. See 18 U.S.C. § 1467(k); 18 U.S.C. § 1963(k); 18 U.S.C. § 2253(l); 21 U.S.C. § 853(m); and, incorporating 21 U.S.C. § 853(m) by reference, 18 U.S.C. § 982(b)(1); and 18 U.S.C. §§ 793(h)(3) and 794(d)(3). Consequently, if an order of forfeiture is entered covering property which is described generically or by incorporation of the statutory language, the government may make application to the court to obtain records, documents or testimony concerning the identity and location of that property. When an application is made for the deposition of an attorney or the production of records by an attorney concerning the transfer of assets for legal services, the requirement that there be reasonable grounds to believe that the fee information will be evidence either of the disposition of forfeited assets or lead to the discovery of forfeited assets shall apply. It should be noted that since these statutory proceedings will occur after trial, the likelihood for any adverse impact upon the attorney-client relationship will be diminished substantially. In particular, the potential for disqualification of the attorney from representation of the client because of the need to testify at trial should not arise. Therefore, when fee information is sought solely for purposes of forfeiture and it is feasible, the discovery of such information should be deferred to the post-trial proceedings rather than proceeding by way of grand jury or trial subpoena. [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_S9-120.115. Check the current official text before relying on it. Not legal advice.