2251

Forfeiture Sale Defined

Since the forfeiture process vests title of the property in the United States, a forfeiture sale is a sale by the government of the property it owns. The forfeiture statutes give the power to the Attorney General, on behalf of the United States as owner, to dispose of the property however she deems suitable. After the final order of forfeiture, the court is not involved in the sale or disposal process. The Attorney General's authority to dispose of forfeited property, is determined by examining the relevant forfeiture statutes. The forfeiture statutes at issue, 21 U.S.C. § 881(e), 21 U.S.C. § 853(h) and 18 U.S.C. § 1963(f) and (g), give the Attorney General the authority to dispose of forfeited property "by sale or other commercially feasible means." It is clear from the language of the forfeiture statutes, from their legislative history, and from the cases and other authorities which have addressed this issue, that the Attorney General has complete authority to dispose of forfeited property. (21 U.S.C. § 881 provides:"(e)(1) Whenever property is civilly or criminally forfeited under this subchapter the Attorney General may þ (B)...sell by public sale or any other commercially feasible means, any forfeited property...;" 21 U.S.C. §  853 provides "(h) Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or other commercially feasible means...;" 18 U.S.C. § 1963 provides "(f) Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means...(g) With respect to property ordered forfeited under this section, the Attorney General is authorized to -- ...(4) direct the disposition by the United States of all property ordered forfeited under this section by public sale or any other commercially feasible means ....") [cited in USAM 9-115.310]