2254

Caselaw Supporting Forfeiture Sale

Although the matter has not been the subject of substantial review, the available caselaw recognizes the Attorney General's authority to dispose of forfeited property. In United States v. Mageean, 649 F. Supp. 820, 824-25 (D. Nev. 1986), aff'd without opinion, 822 F.2d 69 (9th Cir. 1987), the court states: With regard to the government's motion for Court approval of its proposed settlements, the Court finds that 18 U.S.C. § 1963(g) and (h)(4), give the Attorney General, rather than the Court, the authority to dispose of forfeited property and 18 U.S.C. § 1963(g) gives him the authority to settle and compromise claims in the forfeited property once their validity has been adjudicated by the Court under 18 U.S.C. § 1963(m)(6). Id. 649 F. Supp. at 824-25 (emphasis added.) [cited in USAM 9-115.310]