In those cases where property has been seized or restrained for forfeiture under criminal statutes and an agreement reached between the United States Attorney and the claimant/defendant prior to an order of forfeiture relating to a proposed administrative forfeiture of the 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 seizure or restraining orders must be dismissed; and
3. • the jurisdiction of the district court over the property must be relinquished. The provisions of JM 9-113.310 must be met 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 To Settle a Criminal Forfeiture Action").

[updated May 2010]