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Scope of Assets Covered by Pre-seizure Planning Guidelines

These guidelines cover all assets considered for federal forfeiture, including those assets that have been seized by a state or local agency and adopted by a federal agency for purposes of federal forfeiture. Except in the most unusual of circumstances, pre-seizure planning as outlined herein shall occur prior to the seizure of all assets specified below for federal forfeiture. The degree and nature of pre-seizure planning will depend directly upon the circumstances and complexity of each case. The United States Marshals Service should be promptly advised of all agency seizures and civil complaints filed by a United States Attorney's Office. (An independent contractor, EG & G, will serve as property manager in Treasury cases and will need to participate in pre-seizure planning. However, to the extent an Assistant United States Attorney feels that the pre-seizure information is too sensitive, the pre-seizure meeting may be bifurcated to limit the information discussed with EG & G.) In addition, formal pre-seizure planning, either in the form of a meeting or telephone call, must occur at least once prior to the seizure (including adoptive federal seizure) of the following types of assets: Real Property of all types Businesses Animals Large quantity assets involving potential storage problems, e.g., 50 vehicles Unusual assets (e.g., leasehold agreements, partnership interests, valuable art and antiques) The United States Marshals Service should be given adequate advance notice of the government's intent to seize, generally 5 or more days notice in ordinary cases and at least 10 days notice in complex seizure cases. Depending upon the complexity and scope of the cases, continued pre-seizure planning (meetings, conference telephone calls, etc.) shall occur, as required by the United States Attorney or his or her representative in charge of the forfeiture matter. [cited in USAM 9-111.110]