2275

Payment of Costs and Attorneys' Fees From the Assets Forfeiture Fund—Allocation of Responsibility

In general, responsibility for an EAJA award in a forfeiture case will be allocated equally among the participants, including the United States Attorney's Office. However, this allocation may be modified by the Asset Forfeiture and Money Laundering Section, depending on the specific findings made by the court and extenuating circumstances described by the participants. Availability of the Assets Forfeiture Fund to certain participants in a case must not be used to relieve other involved agencies of responsibility for a portion of the award. [cited in USAM 9-117.210]