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2232

Administrative Forfeiture Policy

BACKGROUND: Before 1990, virtually all forfeitures of properties valued at more than $100,000 were conducted judicially. (Conveyances used to transport controlled substances have been administratively forfeitable without regard to value.) On August 20, 1990, the President signed Public Law 101-382, which authorized the administrative forfeiture of cash and monetary instruments without regard to value and other property up to a value of $500,000.

The legislative history of this law makes clear that Congress sought to increase the speed and efficiency of uncontested forfeiture actions, and has confidence in the notice and other safeguards built into administrative forfeiture laws. Accordingly, the Attorney General has promulgated revised asset forfeiture regulations to implement the higher statutory ceilings for administrative forfeitures.

[cited in USAM 9-112.110]