The table lists commonly used acronyms and their definitions:

Title 18 USC §984 is a statutory exception to the usual rule regarding tracing that would otherwise apply in 18 USC §981(a)(1)(A) or 31 USC §5317(c)(2) investigations.

Title 18 USC §984 applies in any civil forfeiture action in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or precious metals. Any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under 18 USC §984.

A forfeiture action is commenced pursuant to 18 USC §981(a)(1)(A) or 31 USC §5317(c)(2) while invoking 18 USC §984 to by-pass the tracing rule.

Any civil forfeiture action pursuant to 18 USC §984 must be commenced not more than 1 year from the date of the offense.

Property subject to forfeiture may be seized pursuant to a warrant obtained in the same manner as provided for a search warrant under Rule 41 of the Federal Rules of Criminal Procedure (Fed. R. Crim. P. 41). The AUSA must submit an application for the seizure of particular property, as well as a special agent's sworn affidavit setting forth the facts that provide probable cause for the seizure.

A seizure warrant may be issued in any judicial district in which a civil forfeiture action against the property may be filed, and may be executed in any judicial district in which the property is found. In the event that an out-of-district seizure is contemplated, it must involve consultation and coordination with the US Attorney's Office and the field office within the judicial district in which the seizure is to occur.

Title 18 USC §985 requires that civil forfeiture of real property proceed judicially. Except as provided in the statute, the real property that is the subject of a civil forfeiture action cannot be seized before entry of an order of forfeiture.

Property may be seized where a complaint for forfeiture has been filed in US district court and the court has issued a warrant of arrest in rem. A warrant of arrest in rem must be issued for the arrest of any asset that is to be forfeited in a civil judicial forfeiture proceeding. It is not appropriate to use a warrant of arrest in rem when property is to be forfeited administratively, because it is issued only after judicial forfeiture proceedings have been formally commenced.

A warrant of arrest in rem is issued by the clerk of the court when a complaint of forfeiture is filed. The complaint must describe with "reasonable particularity" the property involved, the place of seizure, and other allegations as required by the statute on which the forfeiture is based.

A warrant of arrest in rem is necessary for civil forfeiture even if the property is already in custody pursuant to an earlier seizure, in order to provide the court with jurisdiction over the property.

Where a civil forfeiture action is filed in a judicial district other than the judicial district where the property is located, the court's authority to have a warrant of arrest in rem served on the property is based on the nationwide service provision of 28 USC §1355(d).

State and local agencies generally request Federal adoption when, after making a seizure, they determine that a state forfeiture proceeding is not possible or that a Federal forfeiture proceeding would be more advantageous.

Adoptive seizures are only those seizures where 100% of the pre-seizure activity and related investigations are performed by the state or local seizing agency before a request is made for adoption. There must be a state violation and a Federal basis for forfeiture in order for the seizure to be true adoption. Seizures resulting from joint investigations or task force cases are not adoptive seizures.

The Executive Office of Asset Forfeiture, Department of the Treasury (TEOAF) Directive Number 34, Policy Limiting the Federal Adoption of Seizures by State and Local Law Enforcement Agencies, sets general policies and procedures with respect to adoptions. Directive Number 34 is located on the Asset Recovery & Investigative Services (ARIS) website. The policies covered include:

The general adoption procedures in Directive Number 34 cover the Federal adoption form, Request for Adoption of State or Local Seizure (see Exhibit 9.7.2-1).

Criminal Investigation requires a legal review of the adoption by a Criminal Tax (CT) Attorney prior to taking custody of any seized assets from a state or local agency. Criminal Investigation also requires that a seizure warrant be obtained in state and local adoptions.

The court may enter a restraining order to take any other action to preserve the availability of property subject to civil forfeiture upon the filing of a civil forfeiture complaint.

The court may also enter a restraining order to take any other action to preserve the availability of property subject to civil forfeiture before the filing of a complaint if, after notice to persons with an interest in the property and opportunity for a hearing, the court determines that:

An order entered before the filing of a complaint is effective for not more than 90 days, unless extended by the court for good cause shown.

A temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing before the filing of a complaint. A temporary restraining order shall expire not more than 10 days after the date it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.

Property subject to forfeiture, other than real property, may be seized without a warrant if there is probable cause to believe that the property is subject to forfeiture and:

Special agents should attempt seizures without a warrant only after carefully considering the circumstances with which they are confronted, and should consult legal counsel, if time permits. Such seizures should only be made if the exigent circumstances prohibiting the timely obtainment of a seizure warrant can be clearly documented.

Whenever possible, CI's forfeiture activity will concentrate on utilizing 18 USC §981(a)(1)(A). However, there are situations where the subject is involved in money laundering activity; but, due to varying circumstances, only a portion of the assets can be traced to specific money laundering transactions. It would be inefficient to pursue forfeiture under two separate statutes, a portion of the assets under 18 USC §981(a)(1)(A) (Financial Transaction) and a portion under 18 USC §981(a)(1)(C) (Constitutes or is Derived from Proceeds). With the concurrence of the AUSA assigned to the investigation, 18 USC §981(a)(1)(C) can be used for the entire forfeiture. This forfeiture authority would also apply to Specified Unlawful Activity (SUA) proceeds seized during a legitimate money laundering investigation where none of the proceeds can be traced to money laundering transactions. CI has authority to forfeit property derived from proceeds traceable to SUA pursuant to 18 USC §981(a)(1)(C). The ability to forfeit assets under 18 USC §981(a)(1)(C) is designed to support, not supplant the primary statutes (forfeitures relative to financial transactions; 18 USC §981(a)(1)(A)) within the statutory jurisdiction of CI, and should only be utilized in investigations to which CI has devoted resources toward investigating money laundering violations. Forfeiture actions in which 18 USC §981(a)(1)(C) will be utilized will be approved at the Special Agent in Charge (SAC) level; however, such actions will be subject to periodic review.

The following guidelines set forth the circumstances governing the exercise of this authority and applicable procedures:

Property may be forfeited administratively if it includes the following:

The TEOAF Directive Number 5, Sixty-Day Notice Period in All Administrative Forfeiture Cases; Sample Notice Letter and Claim Form; Reporting Requirements for Extension of Time to Send Notices, located on the ARIS website, sets forth the notice policy for administrative forfeitures in accordance with 18 USC §983 (a)(1).

Notice must be sent to interested parties in an administrative forfeiture action, as soon as practicable, and in no case more than 60 days after the date of the seizure, unless one of the exceptions listed below, (further explained in Directive Number 5) applies.

The Asset Forfeiture Coordinator (AFC) will not send notice until a CT Attorney has prepared and submitted a Law and Fact Memorandum to the SAC supporting the administrative forfeiture.

If notice is not sent to the person from whom the property was seized within 60 days from the date of seizure and one of the exceptions does not apply, the property must be returned to the person from whom it was seized. However, forfeiture proceedings may be commenced again at a later time.

Contraband or other property that the person from whom the property was seized may not legally possess will not be returned.

A one 30-day extension period for sending notice may be granted by the Director, ARIS only if there is reason to believe that the notice may have an adverse result. A request to extend the period of time for sending notice should be sent by memorandum from the SAC, explaining the need for the extension based on one or more of the following conditions:

The court may extend the period for sending notice for additional intervals of 60 days if provided with written certification from a supervisory official in the headquarters office of the seizing agency (ARIS Section) that the conditions in paragraph (1) are present.

Notice must be sent to all persons whose identities and addresses are reasonably ascertainable and whose rights and interests in the seized property will or could be affected by the forfeiture. These include all possessors (banks etc.), owners, and lienholders.

Notice must include the following:

Notice letters should be sent by certified mail, return receipt requested with enclosed Notice of Seizure and Claim Form. Special rules apply for sending notice to incarcerated individuals. Notice letters must be sent to the place where the interested party is incarcerated. Notice letters sent to the wrong facility or the interested party's last-known or home address when the government knows the interested party is incarcerated, is insufficient. Consult with CT Attorney if you have any questions. Incarcerated individuals should be hand served the notice letter so there is no question if they received it.

Treasury Executive Office of Asset Forfeiture, Department of the Treasury Directive Number 5 and Exhibit 9.7.2-2 Seizure Notice Letter/Intent to Forfeit - Title 18 and Exhibit 9.7.2-3 Seizure Notice Letter/Intent to Forfeit - Title 31, contain model notice letters that may be revised to meet individual circumstances, but should not contain less information than they presently contain.

Notice of seizure of the property must be published in forfeiture.gov for 30 consecutive days.

Notice of seizures must describe the seized property and state when, where, why, and from whom it was seized, and set forth the deadline for filing a claim. To ensure the legal sufficiency of the published notice of seizure, a CT Attorney may include suggested wording in the Law and Fact Memorandum. Exhibit 9.7.2-4, Notice of Seizure.

Notice to interested parties should be sent prior to, or contemporaneously with, the publication of notice of seizure.

Any person claiming property seized in an administrative forfeiture proceeding may file a claim with the SAC of the field office responsible for the forfeiture. If claim is valid, refer the matter to the United States Attorney’s Office (USAO).A bond is not required when filing a claim relative to an administrative forfeiture.

A claim may not be filed later than 35 days after the date the notice letter is mailed. Interested parties, who did not receive personal notice, have 30 days after the date of the final publication to file a claim. If the claim date falls on a weekend or holiday, it should be extended to the next workday.

The filing of a claim does not have any effect on the publication of the notice of seizure.

The forfeiture date is 30 days after the date of final publication of notice of seizure. If the forfeiture date falls on a weekend or holiday, it should be extended to the next workday.

A claim must be made under oath subject to the penalty of perjury and:

A claim need not be made in any particular form.

Claim forms written in easily understandable language must be provided on request. The Treasury Executive Office of Asset Forfeiture, Department of the Treasury Directive Number 5 and Exhibit 9.7.2-5, Seized Asset Claim Form contain model claim forms.

The AFC will include a claim form with the seizure notice letter/intent to forfeit sent to interested parties.

When a claim is received, the AFC will make sure the claim is sufficient before forwarding it to the USAO. If the claim form is incomplete or does not meet the statutory requirements set forth in subsection 9.7.2.9.10, the AFC must notify the claimant, as soon as possible and allow a reasonable time to comply.

If the requirements for the claim are not met within the time allowed, the claim shall be void and the administrative forfeiture shall proceed as though the claim was not submitted.

When a sufficient claim is received, the claim must be forwarded by letter from the SAC to the USAO and the administrative forfeiture proceedings terminated.

If no one files a claim for the seized property requesting a judicial determination of the forfeiture within the specified time period, a Form 1570, Declaration of Forfeiture (see Exhibit 9.7.2-6) will be prepared for the signature of the Director of Field Operations (DFO), declaring the property forfeited to the United States.

Any seized property that is not to be forfeited administratively must be forfeited through a formal judicial proceeding. Such property includes:

Formal civil judicial forfeiture proceedings are initiated by the filing of a complaint against the property pursuant to Supplemental Rule C(2).

A complaint for forfeiture should contain:

A complaint for forfeiture must be filed not later than 90 days after a claim has been filed. If a complaint for forfeiture is not filed within 90 days after a claim has been filed, the seized property must be returned and no further action to affect the civil forfeiture of the property in connection with the underlying offense can be initiated.

Instead of, or in addition to the filing of a civil forfeiture complaint within 90 days, the government may include a forfeiture count or allegation in a criminal indictment.

The civil forfeiture statutes do not specify a deadline for filing a civil forfeiture complaint in a purely judicial investigation (that was never an administrative investigation). The 60-day (90-day in adoptive investigations) deadline to give notice to interested parties does not apply in judicial investigations. A reasonable interpretation is that a complaint should be filed within 90 days from the date of seizure. Consult with the responsible AUSA for the local policy or recent court investigations regarding the deadline for filing a civil forfeiture complaint in a purely judicial investigation.

If the property subject to forfeiture has not previously been seized, it is then seized pursuant to the warrant of arrestin rem, (see subsection 9.7.2.8.2, Warrants of Arrest In Rem). Guidance and procedures for the preparation, planning, execution, and return of process for warrants of arrests in rem are contained in TEOAF Directive 23, Execution of Warrants of Arrest In Rem by Treasury Law Enforcement Agencies.

If the execution of the warrant of arrest in rem requires intrusion into an area where there is a legitimate expectation of privacy, entry into the area can only be made with a search warrant or consent of the persons whose rights will be affected.

After a complaint for forfeiture is filed against real property, a notice of the complaint is posted on the property and served on the property owner, along with a copy of the complaint. If real property has been posted in this manner it is not necessary for the court to issue a warrant of arrest in rem, or to take any other action to establish jurisdiction over the property.

Upon application, a writ of entry may be obtained for the purpose of conducting an inspection and inventory of real property.

When a complaint for forfeiture is filed against real property, a notice of lis pendens should be prepared by the US Attorney's Office and filed with the local official who is responsible for recording deeds. A lis pendens is a notice that describes the real property and states the United States has an interest in it as a result of the pending litigation. The effect of a lis pendens is to prevent a bona fide sale of the property or its refinancing pending the outcome of the forfeiture litigation.

State laws governs when a lis pendens may be filed. Most states require a pending court action involving the property. In these jurisdictions, either a civil forfeiture complaint must be filed, or an indictment, information, or criminal complaint obtained listing the property as subject to forfeiture.

The filing of a lis pendens is not considered a seizure.

Notice of the civil forfeiture action is published on forfeiture.gov for 30 consecutive days.

Personal notice of civil forfeiture action must also be served on all persons whose identities and addresses are known or reasonably ascertainable and whose rights and interest in the property will be affected by the lawsuit.

The burden of proof in a civil judicial forfeiture action is on the government to establish, by a preponderance of the evidence, that the property is subject to forfeiture.

A complaint for forfeiture cannot be dismissed on the ground that there was not adequate evidence at the time the complaint was filed to establish the forfeitability of the property. Evidence gathered after the filing of a complaint for forfeiture may be used to establish that the property is subject to forfeiture.

If the claimant raises an "innocent owner" defense, the claimant has the burden of proving that defense by a preponderance of the evidence.

When an owner/violator consents to the forfeiture or the government prevails in a civil forfeiture action (an Order of Forfeiture) the court enters judgment.