Attorney General's Guidelines on Seized and Forfeited Property

Discontinuance of Federal Forfeiture Proceedings

IX. Discontinuance of Federal Forfeiture Proceedings

  1. Federal Judicial Forfeiture Proceedings

    1. A decision to discontinue a federal judicial forfeiture proceeding against any seized asset in favor of a state or local forfeiture proceeding requires the personal approval of the United States Attorney after review of the evaluation and recommendation of the presenting investigative bureau.
    2. In making this decision, the United States Attorney shall consider the impact of such decision on the financial status of the Fund.
    3. Decisions to discontinue judicial forfeitures in favor of state or local proceedings are to be documented.
  2. Federal Administrative Forfeiture Proceedings

    1. A decision to discontinue a federal administrative forfeiture proceeding against any seized asset in favor of a state or local forfeiture proceeding requires the approval of the head of the investigative bureau.
    2. In making this decision, the head of the investigative bureau must consider the impact of such decision on the financial status of the Fund and where appropriate consult with the U.S. Marshals Service in that regard.
    3. Investigative bureaus shall develop guidelines for recording these decisions and providing reports to the Director, Executive Office for Asset Forfeiture, as requested.