2203

Pre-seizure Planning Defined

Pre-seizure planning consists of anticipating and making intelligent decisions about what property is being seized, how and when is it going to be seized, and, most important, whether it should be seized. What is being seized? Determine the full scope of the seizure to the extent possible. For example, if a house is being seized, are the contents also to be seized? If a business, are the building in which it operates, and the accounts receivable, accounts payable, etc., also being seized? All ownership interests to be seized should be identified to the extent possible. How and when is the asset going to be seized? The type and content of the seizing instrument and authority to enter or cross private property shall be communicated or provided, in advance, to both the investigative agency and the United States Marshals Service to ensure that each has the necessary information and legal authority to carry out its respective seizure and post-seizure responsibilities. Determine whether seizure is necessary now or if it can be postponed safely. (See discussion in Alternatives to Seizure, this Manual at 2209). Whether the asset should be seized. If the asset has a negative net equity, should it be seized? What law enforcement benefits are to be derived from seizure under the circumstances? Can any losses be mitigated by careful planning on the part of the participants? What management and disposition problems are anticipated, and how will they be resolved? Any expected logistical problems involved in the maintenance, management, or disposition of the asset should be identified and solutions for them should be planned. Is publicity anticipated? If publicity or public relations concerns are anticipated, appropriate public affairs personnel should be advised and consulted. [cited in USAM 9-111.110]