2272

Transfer Request Procedures for Property Forfeited under the Magnuson Fisheries Conservation and Management Act

To avoid the necessity of creating new forms and procedures, the transfer to NOAA should follow established sharing request procedures as enumerated in The Attorney General's Guidelines on Seized and Forfeited Property, July 1990. See USAM 9-118.000 et seq. Since MFCMA forfeitures are judicial, the local NOAA office must request the transfer of funds by submitting a form DAG-71 to the United States Attorney's Office in the district where the forfeiture action is pending. In preparing the DAG-71, NOAA Headquarters legal counsel will not be required to complete Section VII, Block B. Upon receipt of the DAG-71, the United States Attorney's Office shall make a decision using form DAG-72 on forfeitures valued less than $1,000,000 and a recommendation on forfeitures valued $1,000,000 or more. The United States Attorney's Office does not have to consult with any other DOJ investigative agencies concerning requests made pursuant to the MFCMA. As with other judicial forfeitures involving sharing, the United States Attorney's Office shall forward the DAG-72 recommendation or decision to the Criminal Division, Asset Forfeiture and Money Laundering Section, for processing and tracking purposes. The Criminal Division, Asset Forfeiture and Money Laundering Section, will have authority for dispute resolution in sharing decisions valued under $1,000,000 in NOAA cases. Following the forfeiture and sharing decisions, and deduction of expenses and the Department of Justice 10 percent share, a check for the proceeds should be cut and sent to the National Oceanic and Atmospheric Administration, c/o Office of the General Counsel, 8484 Georgia Ave., Suite 400, Silver Spring, MD 20910. The check should also contain the following information: the case name and number; and account number AD1000 BL2D02 The checks should be sent using certified mail. Any questions should be directed to the Assistant General Counsel of Enforcement and Litigation at (301) 713-2292. The USMS should process the transfer using subject classification code 4405, (portion of forfeited proceeds to other federal agencies). [cited in USAM 9-116.600]