Financial Crime World

Asset Forfeiture Manual

Introduction

The Department of Justice’s Asset Forfeiture Program aims to use asset forfeiture as a tool to deter, disrupt, and dismantle criminal enterprises by denying them the instruments and proceeds of criminal activity. This comprehensive manual outlines policies and procedures for asset forfeiture in the United States.

Key Sections

  • Priority of Payments: Guidelines for determining the priority of payments in asset forfeiture cases.
  • Qui Tam Actions (Payment of Relator’s Share): Procedures for paying relators’ shares in qui tam actions.
  • Returning Forfeited Assets to Victims: Protocols for returning forfeited assets to victims of crime.
  • Constructive Trusts in Multiple-Victim Fraud Cases: Special considerations for constructive trusts in cases involving multiple victims.
  • Federal Official Use and Equitable Sharing: Procedures for federal official use and equitable sharing of assets.

Procedures and Considerations

  • Remission: Guidelines for remission, including the process for requesting remission and the factors considered in determining whether to grant it.
  • Restoration: Protocols for restoration, including the process for requesting restoration and the factors considered in determining whether to grant it.
  • Preservation of Assets for Victims: Procedures for preserving assets for victims, including the process for identifying and protecting victim interests.
  • Special Considerations for Federal Government Victims: Guidelines for handling asset forfeiture cases involving federal government victims.
  • Hybrid Remission and Restoration Review: Procedures for reviewing hybrid remission and restoration requests.
  • Termination of Forfeiture: Protocols for terminating forfeiture, including the process for requesting termination and the factors considered in determining whether to grant it.
  • Direct Payment of Assets to Victims: Guidelines for making direct payments to victims.

Target Audience

This manual is intended for use by law enforcement agencies, prosecutors, and other professionals involved in asset forfeiture cases. Its purpose is to provide a reference guide to support the Program’s goals and ensure that asset forfeiture is used effectively as a tool to combat crime.