2213

Responsibility for Execution of Process

Generally, the U.S. Marshals Service has primary responsibility for execution of warrants of arrest in rem. Generally, the pertinent Department of Justice investigative agency has primary responsibility for execution of warrants of seizure. PRACTICE AND PROCEDURE POINTS: As noted supra, warrants of arrest in rem, as a general rule, must be served within the district of issue. Where a district is employing section 881(j) or section 981(h) to arrest property outside the district, there are two remedies that can be employed. First, the United States Attorney's Office commencing the action may obtain the warrant of arrest and the United States Attorney's Office where the property is located may obtain the warrant of seizure. A second approach is to have a judicial officer in the district commencing the forfeiture action sign the warrant of arrest in rem. This dispenses with the need for a separate warrant of seizure. [cited in USAM 9-111.130]