Settlements to forfeit property are encouraged to conserve the resources of both the United States and claimants in situations where justice will be served. See Chapter 11 of the Asset Forfeiture Policy Manual. The following principles must be observed when negotiating and structuring settlements. The critical principle that must be applied to all settlements is that civil forfeiture, either judicial or administrative, should not be used to gain an advantage in a criminal case. Furthermore, all settlements must be in compliance with Attorney General Order No. 92-1598, Appendix to Subpart Y, Part 0, Title 28, Code of Federal Regulations (C.F.R.) establishing the settlement and compromise authority redelegated to the United States Attorneys from the Assistant Attorney General, Criminal Division, in accordance with the requirements of 28 C.F.R. § 0.168(d). Other general requirements applicable to all settlements are set out in JM 9-113.101 through 9-113.800.

For purposes of this chapter, the term settlement includes a plea agreement with the defendant in a criminal case in which there is an agreement regarding the forfeiture of property; the resolution of a third party claim in the ancillary proceeding in a criminal case; and the resolution of a claim filed by any claimant in a civil forfeiture case, either before or after the judicial complaint is filed.

[updated May 2010]