USAO Forfeiture Proceedings

The United States Attorney’s Office publishes official notifications of forfeiture proceedings on the forfeiture.gov website. You might also receive such a notice by personal delivery, in the mail, or via email. If you receive a personal notice, those deadlines for filing a verified claim apply. Even if you never received the personal notice, the deadlines in the notice published on the forfeiture.gov website apply.

Most people lose their assets because they fail to take action before the deadline runs. You can tell whether the asset forfeiture proceeding is civil or criminal by looking at the caption of the case. How do you determine if a USAO notice involves a civil or criminal asset forfeiture? If the case is styled as U.S. v. [name of the defendant] Court Case Number x:25-CR-000xx-xxx-xxx, the notice relates to a criminal asset forfeiture proceeding. If the notice references the fact that an Assistant United States Attorney filed a verified Complaint for Forfeiture against the listed “defendant” property, then the notice relates to a civil asset forfeiture proceeding.

Filing a Verified Claim in a Civil Asset Forfeiture Proceeding

In a civil asset forfeiture case, the USAO’s published notice might provide: Pursuant to 7 U.S.C. § 2156, the United States filed a verified Complaint for Forfeiture against the property listed in the notice.

Any person claiming a legal interest in the Defendant Property must file a verified Claim with the court within 60 days from the first day of publication of this Notice on this official government internet website and an Answer to the complaint or motion under Rule 12 of the Federal Rules of Civil Procedure within 21 days thereafter.

The verified Claim and Answer must be filed with the Clerk of the Court listed in the notice, and a copy must be served upon the listed Assistant United States Attorney. If you fail to file a Claim and Answer within the allotted time, a default and forfeiture will be ordered as required by 18 U.S.C. § 983(a)(4)(A) and Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

Filing an Ancillary Claim in a Criminal Asset Forfeiture Proceeding

In a criminal asset forfeiture proceeding, the notice might warn you of the following:

• the court has entered an Order forfeiting the listed property to the United States of America;
• the United States hereby gives notice of its intent to dispose of the forfeited property in such manner as the United States Attorney General or another agency may direct.
• Any person, other than the defendant(s) in this case, claiming interest in the forfeited property must file an ancillary petition within 60 days of the first date of publication of this Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1).
• The ancillary petition must be filed with the Clerk of the Court at the address listed in the notice, and a copy must be served upon Assistant United States Attorney listed in the notice.
• The ancillary petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner’s right, title or interest in the forfeited property, the time and circumstances of the petitioner’s acquisition of the right, title and interest in the forfeited property and any additional facts supporting the petitioner’s claim and the relief sought, pursuant to 21 U.S.C. § 853(n).
• Following the Court’s disposition of all ancillary petitions filed, or if no such petitions are filed, following the expiration of the period specified above for the filing of such ancillary petitions, the United States shall have clear title to the property and may warrant good title to any subsequent purchaser or transferee.
• The government may also consider granting petitions for remission or mitigation, which pardon all or part of the property from the forfeiture.

Deadlines for Filing a Petition for Remission or Mitigation

The notice might encourage you to forgo all your rights to file a claim and instead file a petition within 30 days after the date of final publication of this notice as required by 28 C.F.R. Section 9.3(a). The notice might explain that a petition must include the following:

• a description of your interest in the property supported by documentation;
• include any facts you believe justify the return of the property; and
• be signed under oath, subject to the penalty of perjury or meet the requirements of an unsworn statement under penalty of perjury as required by 28 U.S.C. Section 1746.

The notice might reference regulations pertaining to remission or mitigation of the forfeiture in 28 C.F.R. Sections 9.1 – 9.9, including the criteria:

• for remission of the forfeiture in 28 C.F.R. Section 9.5(a); and
• for mitigation of the forfeiture are found at 28 C.F.R. Section 9.5(b).

This article was last updated on Friday, August 22, 2025.