2265

Forfeitures Generally Follow The Prosecution

As a general rule, if a state or local agency has seized property as part of an ongoing state criminal investigation and the criminal defendants are being prosecuted in state court, the forfeiture action should also be pursued in state court. However, certain circumstances may make federal forfeiture appropriate. These circumstances include but are not limited to the following: State laws or procedures are inadequate or forfeiture experience is lacking in the state system with the result that a state forfeiture action may be unfeasible or unsuccessful; The seized asset poses unique management or disposition problems (e.g., real property or a business) requiring U.S. Marshals Service involvement; State laws or procedures will result in a delay in forfeiture leading to significant diminution in the value of the asset or a delay in the resolution of the case that adversely affects an innocent owner or lienholder; or The pertinent state or local prosecuting official has reviewed the case and declined to initiate forfeiture proceedings for any reason. [cited in USAM 9-116.120]