ADMINISTRATIVE
Name 3 DOJ agencies that can proceed with administrative forfeiture.
FBI, DEA, ATF, DCIS, DSS, FDA, USAO, AIG, USMS, UPIS
In criminal cases, can you only forfeit assets in defendant's name?
No, third parties are routinely used by criminals to hide assets (straw owners).
Can you commense civil forfeiture if defendant is not charged in a criminal case?
Yes. action is against asset.
Which is the longest and newest member of the Asset Forfeiture Family?
Noticed how I did not say oldest, lol.
Sally Benitez, 23 years. Mike Mijares 3 months.
What is needed to go after Real Property?
Title search and pre-seizure.
Can agencies forfeit Real Property administratively?
No
Which type of asset does not need a preliminary order of forfeiture?
Money Judgments, because they do not need publication and/or to send out notice.
Timeframe to pursue civil judicial action when the government seizes property, but elects not to pursue administrative forfeiture as a remedy?
Within 150 Days after the seizure. Because this guideline mirrors the total of the 60-day deadline applicable for commencing administrative forfeiture proceedings, added to the 90-day period allowed for instituting a judicial forfeiture
Which staff member has been a part of a heavy metal band?
Ralph Rivera
Sharing, can firearms be shared amongst local and state offices?
No. Forfeited firearms and ammunition are treated differently from other types of forfeited property in several respects. They are not equitably shared with state and local law enforcement, they are not sold, and most often, they are destroyed.
Name 3 assets that Administrative Forfeiture is not authorized.
1. Real Property
2. Personal Property valued at over $500,000
3. Funds seized from a bank account in an amount of more than $500,000
Interlocutory Sale: What type of asset needs approval from MLARS before requesting an interlocutory Sale Order?
Prosecutors must consult with MLARS prior to seeking an order for the interlocutory sale of cryptocurrency
What type of defense is there in a civil cases, but not in a criminal cases?
Innocent owner defense.
Which Asset Forfeiture staff member has the youngest child?
Mark Tindall
Must there be a restitution order for AF to start a restoration process of forfeited assets?
Yes. The court must issue a restitution order identifying victims and restitution losses for which a defendant is liable.
Administrative forfeiture is not authorized for, personal property, including but not limited to vehicles, vessels, aircraft, merchandise, baggage, jewelry, art, furniture, and antiquities valued at less than or equal to $_____________?
$500,000
Do you have to conduct an ancillary hearing if the court grants substitute asset?
Yes. Pursuant to Rule 32.2(e)(2), makes it clear that whenever a court modifies an order of forfeiture to include a substitute asset, it must conduct an acillary proceeding, which includes publication/notice.
When should you file a Motion to Stay on a civil case?
When the assets has been included in a criminal case.
Which staff member has appeared in the San Antonio Real Housewife?
Sylvia Saenz
What is the first and most important documents that must be signed by the AUSA in any case and/or matter
Conflict of Interest (COI)
Absent one or both of these conditions being satisfied, the U.S. Attorney does not have jurisdiction to enter into an agreement to return property in an administrative stage of forfeiture. Name at least one condition that needs to be met?
1. The seizing agency concurs with a request to suspend administrative forfeiture proceedings
2. Money Laundering and Asset Recovery Section (MLARS) approves the decision to return the property
Discovery: Are there deadlines as to when discovery should be answered.
1. Admissions within 30 days
2. Interlocutory
3. Request for Production
Rule 41(g): 3 questions
1. What is it?
2. Where is it filed?
3. Who handles them?
1. It is a Motion for Return of Property
2. Should be filed and contain a civil court number (but some Judges give them the same criminal number and others give them a new civil number)
3. They should first be handled by AF. Investigation whether it is our forfeited asset. If not, turn over to to criminal AUSA.
Which staff member participated in nuptials during covid?
Tony Franco.
Who can reduce a money judgment
CHIEF OF ASSET FORFEITURE.