What follows are broad pre-seizure planning policy guidelines for all agencies participating in the Asset Forfeiture Program. Variations to these guidelines are permitted only after consultation with the Money Laundering, Narcotics and Forfeiture Section (MNF).

The United States Attorney, or in administrative forfeiture cases, the agent in charge of a field office, is responsible for establishing specific procedures to be followed to ensure that proper and timely pre-seizure planning occurs prior to seizing or restraining real property, commercial enterprises, or other types of property that may pose potential problems of maintenance and/or disposition (e.g. animals and aircraft) within that federal judicial district. All pre-seizure planning meetings will include, at a minimum, as applicable, the Assistant United States Attorney or investigative agent in charge of the forfeiture matter (and, if applicable, the Assistant United States Attorney in charge of the related criminal matter), investigative agents, and the appropriate United States Marshals Service representative (which should include a representative from the district where the property is to be seized if different than the district where the action is to be filed). A federal regulatory agency representative may also attend in forfeiture cases involving federal regulatory matters as appropriate. Assets in cases where a Department of Justice investigative agency is not the lead agency may be handled by independent contractors employed by non-Department of Justice agencies rather than the USMS (e.g., the Department of the Treasury or the Department of Homeland Security), and those independent contractors should participate in preseizure planning as appropriate.

For asset forfeiture cases involving more than one federal judicial district, the United States Attorney instituting the forfeiture action has the primary responsibility to ensure that all Asset Forfeiture Program participants are notified, and that proper and timely pre-seizure planning occurs in those districts where assets will be seized as a result of that asset forfeiture matter.

Further information on this topic is available in Chapter 1 of the Asset Forfeiture Policy Manual

[updated January 2020] [cited in JM 9-119.010]