Due to the complexities of seizing an ongoing business and the potential for substantial losses from such a seizure, a United States Attorney's Office must consult with MNF prior to initiating a forfeiture action against, or seeking the seizure of, or moving to restrain an ongoing business. For additional information on this topic see Chapter 1 of the Asset Forfeiture Policy Manual ("Business Seizures").

The AUSA (or the agent in charge of the field office responsible for an administrative forfeiture case) is responsible for ensuring that all preseizure planning, questionnaires, and net equity worksheets (including those prepared by the USMS) are complete and placed in the case file.

If the net equity worksheet indicates that the property targeted for forfeiture has marginal or negative anticipated net sale proceeds, the USAO (or agency field office conducting an administrative forfeiture) must document a plan to protect innocent lienholders and to dispose of the property in a manner that will minimize potential loss to the Government (e.g., an immediate motion of interlocutory sale or stipulated sale of the property, thereby minimizing asset management costs). A copy of this plan, along with the net equity worksheet, is to be sent to MNF.

[updated January 2026] [cited in JM 9-2.400; 9-119.010]