This is the Asset Forfeiture Policy Manual, published by the Asset Forfeiture and Money Laundering Section of the United States Department of Justice. It replaces and supersedes all previous versions of the Policy Manual and all Policy Directives and Interim Legal Advice Memoranda issued prior to October One of the ancillary benefits of asset forfeiture is the potential to share federal forfeiture proceeds with. cooperating state and local law enforcement agencies through equitable sharing. The Department of Justice and the Department of the Treasury Equitable Sharing Programs (Program) 1. enhance cooperation. This manual has been prepared by the California Department of Justice in an effort to clarify how the law works. It was the desire of those involved with the preparation of this manual to provide to law enforcement officers and prosecutors a .
The Asset Forfeiture Law and Practice manual contains a comprehensive discussion of all the major aspects of forfeiture law and practice with an emphasis on the government's perspective. Much of the information in IRM is derived from the Asset Forfeiture Law and Practice Manual. The Department of Justice has revised this manual to incorporate several changes from the new Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies, March (popularly known as "the orange book") which decision-maker or the Asset Forfeiture Office, Criminal Division. Department of Justice (DOJ or the Department) for forfeiture under federal law through the Department's Asset Forfeiture Program. Transferred seizures are referred to as "adoptive" seizures because the federal agency adopts the seizures made by state and local law enforcement agencies.
Prior to entry of a final order of forfeiture, the Department of Justice Assets Forfeiture Fund (AFF) is authorized under certain circumstances to pay trustee and monitor fees in cases where a Department of Justice agency is the lead law enforcement agency. See 28 U.S.C. § (c). After entry of an order of forfeiture, fees charged by a trustee or monitor ordinarily will be paid from the proceeds of the business unless compelling law enforcement or policy considerations warrant payment from. Abstract. The U.S. Department of Justice, Asset Forfeiture Manual entails nine chapters and addresses policies, procedures, and guidelines for asset seizure/restraint, administrative and judicial forfeiture, settlements, third-party interests, use and disposition of seized and forfeited property, equitable sharing, the Assets Forfeiture Fund, attorney's fees, and grand jury issues in asset forfeiture. The Department of Justice Asset Forfeiture Program (AFP) encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes. The primary mission of the Program is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society.
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