2212

Forms of Process To Be Used

The historic form of process used to initiate the civil judicial forfeiture of property is the verified complaint. The warrant of arrest in rem, normally filed with or after the filing of a verified complaint, gives the court jurisdiction over the property to be seized. A sample warrant of arrest in rem is provided in this Manual at . It has not, however, historically included a judicial finding of probable cause. Warrants of arrest in rem, as a general rule, must be served within the district of issue. However, there is an exception provided by 21 U.S.C. §  881(j) and 18 U.S.C. § 981(h). Where either of these subsections are employed along with a separate warrant of seizure, some Assistant United States Attorney's and seizing agents may be unaware that, while these subsections permit the service of the warrant of arrest outside the judicial district of issue, the expanded venue does not apply to the warrant of seizure. (Cf. discussion of 28 U.S.C. § 1355(d), Asset Forfeiture Manual, Vol. I., Law and Practice.) A form of warrant of arrest in rem has been developed that combines the historic form with a probable cause finding; see this Manual at 2280. As this combined warrant of arrest in rem and determination of probable cause accomplishes two purposes with one filing, it should be used for real property seizures as well as for seizures of personalty that can only be forfeited judicially. (In some districts, courts have reportedly been reluctant to review the attached form of combined warrant of arrest in rem and probable cause determination simply because they have not been used in the past. In such districts, the warrant of seizure may be used in concert with the traditional warrant of arrest in rem but the United States Attorney in each such district should meet with the Chief Judge to point out the advantages and propriety of the combined form of warrant of arrest in rem.) A second and newer form of process for seizing forfeitable property is the warrant of seizure authorized by 21 U.S.C. § 881(b) and 18 U.S.C. §  981(b)(2). This form of process secures a judicial determination of probable cause but does not confer jurisdiction upon the court issuing the warrant. The Administrative Office of United States Courts has issued a form of Warrant of Seizure and application therefor. These forms should be used for seizure of personalty that may be subject to administrative forfeiture. [cited in USAM 9-111.130]