Title 40 U.S.C. Section 304(h) authorizes a federal agency to retain forfeited property for official use. Title 28 U.S.C. Sec. 881(e)(1) also allows the Attorney General to retain forfeited property for official use. Title 40 U.S.C. Section 304(i) allows the government to apply to the court to order delivery of forfeited property “to any other agency which requests and in his judgment should be given such property,” and, if the government prevails in the forfeiture action, the court “should . . . order delivery accordingly.”

All requests for official use by any United States Attorney’s Office of any type of forfeited property shall be submitted to the Assistant Director, Facilities Management and Support Services, EOUSA for prior approval. This includes any vehicle or other property which may presently be utilized without prior approval.

[cited in JM 3-1.200]

[updated March 2022]