Documentation and Notification

In both civil and criminal forfeiture, a considerable amount of work is conducted by the courts before the USMS takes possession of the asset, including the production of documents like the Verified Complaint for Forfeiture, and in the cases of real property, filing a Notice of Lis Pendens and bringing the property “within the jurisdiction of the court” via “post and walk.” The processes also require notifications to potentially impacted third-parties, who are afforded opportunities to file claims contesting the forfeiture.

Should a claim be filed, the United States Attorney’s Office can come to an agreement outside of court or go to trial. Once all claims are resolved, or should there be no claims brought, the court will issue an Order of Forfeiture.

The Order of Forfeiture will typically direct the USMS to take physical custody of property and dispose of the assets, making any payments as directed by the court.