Petition for Remission or Mitigation of Asset Forfeiture

In accordance with the provisions of JM 9-113.310, we hereby submit a petition for remission or mitigation of asset forfeiture in the matter of [insert case name]. To ensure a valid and complete civil judicial forfeiture by settlement occurs, the following procedures shall be followed:

Civil Judicial Forfeiture Settlement Procedures

Filing the Verified Complaint

A verified complaint for forfeiture of the property must be filed in the U.S. District Court to establish jurisdiction.

Notice to Parties

All known parties in interest shall be given written notice, and notice by publication shall be made.

Default Judgment

If no timely claim has been filed, a default judgment must be sought against known interested parties and unknown parties who were notified by publication.

Settlement Agreement

Proposed orders of forfeiture must be filed with the settlement agreement and include the terms of the settlement.

Criminal Forfeiture Settlement Procedures

Consultation with MLARS

Prosecutors shall consult with the MLARS, Criminal Division, before engaging in settlement negotiations in civil forfeiture cases where the claimants are fugitives in United States criminal proceedings.

Approval for Attorney Fees

Any agreement to exempt an asset from forfeiture so that it can be transferred to an attorney as fees must be approved by the Assistant Attorney General for the Criminal Division.

Agreements to Exempt Attorneys’ Fees from Forfeiture

Approval Requirement

Agreements to exempt assets from forfeiture to transfer to attorneys as fees must be approved by the Assistant Attorney General for the Criminal Division.

Cash in Lieu of Forfeiture of Other Property

Administrative Forfeiture

In cases where administrative forfeiture is sought, federal seizing agencies may accept and forfeit a sum of money in lieu of forfeitable seized property.

Transfer of Funds

The government shall transfer money received in lieu of forfeiture to the U.S. Marshal’s Service district office or the appropriate Treasury agency in place of the asset being released.

Expedited Payment of Lienholders in Forfeiture Cases

Pre-Forfeiture Payment of Liens and Mortgages

The use of pre-forfeiture payment of liens and mortgages must be approved in writing by MLARS prior to entering into any agreement to pay a lienholder.

Limited Authority

This authority shall be used sparingly and only in those situations where pre-forfeiture payment of liens and mortgages is necessary to avoid extreme hardship to natural persons.

Certification By signing below, we hereby certify that the information provided is accurate and complete, and that we have complied with all applicable procedures and requirements for remission or mitigation of asset forfeiture.

Signatures

• [Insert signature]
• [Insert title]

Date: [Insert date]