Criminal Investigation (CI) may come into possession of abandoned or other unclaimed property when property seized as evidence is no longer needed or when items such as personal effects not subject to forfeiture are left in or on the premises of property seized for forfeiture. These items should be returned to the lawful owner.

This section covers the process and procedures for the return of abandoned or other unclaimed property.

The abandonment process is similar to the administrative forfeiture process. However, abandoned or other unclaimed property found by or in the possession of federal agencies is subject to the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 USC §552).

The authority for the abandoned property procedures is contained in Title 40 USC §552, Abandoned or Unclaimed Property on Government Premises; Code of Federal Regulations (CFR) Title 41, Public Contracts and Property Management, Chapter 102, Federal Management Regulation, Part 38, Sale of Personal Property; Part 41, Disposition of Seized, Forfeited, Voluntarily Abandon, and Unclaimed Personal Property; and Chapter 128, Department of Justice, Part 48, Utilization, Donation, or Disposal of Abandoned and Forfeited Personal Property.

The General Services Administration (GSA) prescribes and issues the Federal Management Regulations.

Abandoned or other unclaimed assets must be inventoried and tracked on the Asset Forfeiture and Retrieval System (AFTRAK). Refer to the Asset Forfeiture Process Guide located on the CI Web for procedures for tracking abandoned property on AFTRAK.

Abandoned or other unclaimed property shall remain in the custody of and be the responsibility of CI as the finding agency until disposition. Criminal Investigation shall be responsible for the care and handling of abandoned or other unclaimed property pending disposition.

Abandoned or other unclaimed currency or monetary instruments shall not be deposited into the Treasury Suspense Account. Abandoned or other unclaimed currency or monetary instruments may be deposited into the Internal Revenue Service (IRS) Suspense Account until an owner files a proper claim or title vests in the United States.

Abandoned or other unclaimed property not subject to forfeiture such as the personal effects of a defendant or occupant left in vehicles, vessels, or aircraft, or on the premises of real property should be removed prior to transfer of custody of the seized asset and retained by CI pending return to the owner.

The seized property contractor will not take custody of abandoned or other unclaimed property, defined in the Statement of Work as "held property" . In cases where items not subject to forfeiture are temporarily left in or on property transferred to the seized property contractor, a separate inventory shall be completed.

If the owner of abandoned or other unclaimed property is known, a letter shall be sent to the owner within 20 days of finding such property, by certified mail to the owner's address of record, notifying him/her that the property may be claimed by the owner or the owner's designee and that if the property is not claimed within 30 days from the date the letter is postmarked, title to the property will vest in the United States. See Exhibit 9.7.11-1, for a sample letter, which may be revised to meet individual circumstances.

If the owner of abandoned or other unclaimed property is not known and the estimated value of the property exceeds $100, CI shall publish notice of intent to abandon property within 20 days of finding such property, which contains the following:

Notice of intent to abandon property must be published once a week for at least three successive/consecutive weeks. Sound judgment and discretion must be used in selecting the publication medium. Advertisements should be placed in a publication of general circulation within judicial district where the property was found.

If no claim is made for the property within 30 days of the written notice, 30 days from the date of publication of the first notice, or 30 days from the date of finding the property, and if the estimated value of the property is less than $100 as described in the following subsections:

Form 9445, Declaration of Abandonment, will be prepared for the signature of the Director, Field Operations, declaring the property abandoned and vesting title in the United States.

The procedures relating to claims filed for abandoned or unclaimed property contained in 41 CFR 128–48.502 and 41 CFR 48.503 are similar to the petition for remission or mitigation process covered in IRM 9.7.7, Claims and Petitions.

Property declared abandoned shall be disposed in accordance with the Federal Management Regulation, 41 CFR 102.

Property declared abandoned cannot be transferred to other Federal, state, or local law enforcement agencies, or foreign countries through equitable sharing. However, these agencies may apply for transfer of abandoned property through GSA.