2241

Consultation with the Seizing Agency for Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions

The contact person at the seizing agency for the purpose of determining the agency's view of the terms of the settlement is as follows: Federal Bureau of Investigation (FBI): Assistant Special Agent-in-Charge of the respective Field Office or designee. Drug Enforcement Administration (DEA): Assistant Special Agent-in-Charge or Resident Agent-in-Charge or designee. U.S. Customs Service (U.S.C.S): Regional or District Counsel for the respective Field Office or designee. Immigration and Naturalization Service (INS): Regional Director or designee. U.S. Postal Service (USPS): Inspector-in-Charge of respective Field Division or designee. U.S. Park Police (USPP): Assistant Commander or designee, Criminal Investigations Branch. Internal Revenue Service (IRS): Chief, Criminal Investigation Division of the key district or designee. U.S. Secret Service (USSS): Special Agent-in-Charge or designee, Asset Forfeiture Program, Headquarters Office. Bureau of Alcohol, Tobacco and Firearms (BATF): Resident Agent-in-Charge of the respective Field Office or designee.) In Treasury cases where the U.S. Marshals Service is not the custodian of the property, the independent contractor EG&G will serve as the property manager, and the Marshals Service need not be consulted. It is the responsibility of the seizing agency to contact EG&G and inform it of any settlement proposals. The agency's input is essential to reaching a settlement that is based on a common understanding of the facts and circumstances surrounding the seizure; and that requires administrative action to be taken by the agency to implement, e.g., those settlements that include a referral back to the agency for administrative forfeiture of all or a part of the seized property. The contact person at the seizing agency, for the purpose of determining whether the terms of any settlement requiring administrative action by the agency can be implemented, is the Forfeiture Counsel of the FBI and DEA. Contact persons for the other agencies are as follows: U.S.C.S: Regional or District Counsel for the respective Field Office or designee. INS: Regional Director or designee. USPS: Manager, Forfeiture Group or designee. USPP: Assistant Commander or designee, Criminal Investigations Branch. IRS: Chief, Criminal Investigation Division of the key district or designee. USSS: Office of Chief Counsel or designee. BATF: Staff Assistant to Chief Counsel, BATF Headquarters. Input from the U.S. Marshals Service should be sought to determine current and prospective expenses to ensure that the settlement is fiscally sound from the government's perspective. [cited in USAM 9-113.102]