In cases where the judicial action was commenced without a prior administrative forfeiture action having begun and a settlement agreement has been reached involving a proposed administrative forfeiture of seized property:

1. • the headquarters of the seizing agency must concur in that part of the settlement that would obligate the agency to commence administrative forfeiture proceedings;
2. • the complaint must be dismissed; and
3. • the jurisdiction of the district court must be relinquished before referral may be made to a seizing agency under this policy.

The seizing agency shall initiate the administrative forfeiture process to effectuate such an agreement upon receipt of a referral in compliance with this policy, consistent with its lawful authority. See Chapter 11 of the Asset Forfeiture Policy Manual ("Using administrative forfeiture proceeding to settle civil forfeiture case where no prior administrative forfeiture proceeding has commenced").

[updated May 2010]