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June 5, 1995
MEMORANDUM
TO: Assistant Attorney General, Criminal Division
United States Attorneys
Director, Federal Bureau of Investigation
Administrator, Drug Enforcement Administration
Commissioner, Immigration and Naturalization Service
Director, United States Marshals Service
FROM: Jamie S. Gorelick
Deputy Attorney General
SUBJECT: Delegation of Authority to Make Final Determinations in Uncontested
Equitable Sharing Requests
Parts V.D.3 and 4 of The Attorney General's Guidelines on Seized and
Forfeited Property (1990) provide that final determinations of equitable
sharing (1) of forfeited property valued at $1 million or greater, (2) in
multi-district cases, or (3) involving the transfer of real property are to
be
made by the Deputy Attorney General or her designee.
I hereby delegate to the Assistant Attorney General of the Criminal
Division (or her designee) the authority to make final equitable sharing
determinations that otherwise would require my approval, provided the Asset
Forfeiture Office (AFO) of the Criminal Division, the United States
Attorney, and
the federal seizing agency agree on the allocation of judicially forfeited
property or that AFO and the federal seizing agency agree on the allocation
of
administratively forfeited property.
I will continue to make final equitable sharing determinations
where
there is not complete agreement among AFO, the United States Attorney, and
the
federal seizing agency on the sharing of judicially forfeited property or
between
AFO and the federal seizing agency on the sharing of administratively
forfeited
property.
Recommendation:
Delegation of decision-making authority to the Assistant Attorney
General
of the Criminal Division (or her designee) in equitable sharing cases (1)
involving property valued at $1 million or more, (2) in multi-district
cases, or
(3) involving the transfer of real property, provided that AFO, the United
States
Attorney, and the federal seizing agency agree on the allocation of
judicially
forfeited property or that AFO and the federal seizing agency agree on the
allocation of administratively forfeited property.
APPROVE /s/ Jamie S. Gorelick
DISAPPROVE ______________________
OTHER ______________________
[cited in Criminal Resource Manual 2266] |