The adopting federal agency must consider adoption requests promptly. Property management issues must be addressed in consultation with the U.S. Marshals Service prior to an adoption. The request for adoption must be accepted prior to the transfer of the property to federal custody unless exceptional circumstances exist.

Only an attorney outside the chain-of-command of operational officials (e.g., the seizing agency's office of chief counsel or other legal unit) may approve a request for adoption unless:

1. • the seizure was based on a judicial seizure warrant; or
2. • an arrest was made in connection with the seizure; or
3. • drugs or other contraband were seized from the person from whom the property was seized.

Federal law enforcement agencies may expand the circumstances requiring attorney approval. Any attorney review shall verify that:

1. • the property is subject to federal forfeiture;
2. • there is probable cause to support the seizure;
3. • the property is not within the custody of a state court; and
4. • there is no other legal impediment to a successful forfeiture action.

For more information on this topic, see Chapter 1 of the Asset Forfeiture Policy Manual.

[updated May 2010]