2201

Pre-Seizure Planning

These guidelines are intended to encourage practices that will minimize or avoid the possibility that the government will assume unnecessarily difficult or insurmountable problems in the management and disposition of seized assets. In particular, they are meant to ensure that the United States Marshals Service is consulted prior to the seizure and forfeiture of assets. These guidelines direct the United States Attorneys, or in administrative forfeitures, the agents in charge of a field office, to establish specific procedures to be followed in their respective districts or offices to ensure that critical financial and property management issues are addressed prior to seizing real property, commercial enterprises, or other types of property that may pose potential problems of maintenance and/or disposition (e.g., animals and aircraft). These guidelines are intended to be flexible enough to enable each United States Attorney, or in administrative matters, the agent in charge of a field office, to establish and utilize procedures which clearly define preseizure planning responsibilities in his or her district or office. As discussed infra, the Marshals Service should be advised promptly prior to all significant seizures, the filing of civil forfeiture complaints, or the return of indictments containing forfeiture counts. [cited in USAM 9-111.110]