Attorney General's Guidelines on Seized and Forfeited Property
Sale of Seized and Forfeited Property
VI. Sale of Seized and Forfeited Property
A. Pre-Forfeiture Sale of Seized Property
- Pre-forfeiture sale of property (i.e., interlocutory or stipulated sale) is favored as a means of preserving asset value and mitigating asset management expenses.
- The United States Attorney shall consult with the investigative bureau and the U.S. Marshals Service to determine the status of any requests for equitable transfer or petitions for remission or mitigation prior to seeking a pre-forfeiture sale of property pending judicial forfeiture.
- Proceeds from any pre-forfeiture sale shall promptly deposited into the Seized Asset Deposit Fund unless otherwise ordered by the Court.
B. Sale of Forfeited Property
- Upon the successful completion of the forfeiture action and if the property is not placed into official use or transferred to a federal, state, or local agency, it shall be promptly sold and the proceeds of sale promptly deposited in the Fund.
- Investigative bureaus and the United States Attorneys' offices shall promptly notify the U.S. Marshals Service of all relevant facts affecting the forfeited property. Relevant facts include, but are not limited to:
- Outstanding bills, invoices, orders of mitigation, and remission of forfeiture;
- Orders of transfers to federal, state, and local agencies;
- Orders of designation for official use by Department components if known; and
Based upon these and other relevant factors, the U.S. Marshals Service shall promptly and appropriately dispose of the property.