Government Seized Cash Management

 

According to policies adopted by the Attorney General that involves handling seized cash, all cash seized from illegal activity (except when used as evidence) is to promptly be deposited into the Seized Asset Deposit fund pending forfeiture. Exceptions to this policy may be made by the Chief of Asset Forfeiture and Money Laundering but only in extraordinary circumstances. These funds are to be later transferred to the US Marshall within 60 days of forfeiture or within 10 days after the individual has been indicted, whichever comes first. When appropriate, photos and video evidence of seized cash should be taken to later use in court.

 

These policies also state that all seized cash retained for evidence purposes that amount to a sum less than $5000, permission is not needed from the Asset Forfeiture and Money Laundering Section to retain the money for court. If the sum of money retained for evidence is greater than $5000, then a request for exemption must be sent to the Asset Forfeiture and Money Laundering Section. These requests must be filed by the United States Attorney’s Office or the Criminal Division Section who has jurisdiction for prosecuting, for reviewing the prosecution of the particular case. These exceptions have little flexibility with the given time limits, and if an exception is granted, it will only be on an interim basis, as the retention of currency will only be permitted when it serves as significant tangible evidence in a case. For example, if the currency bears fingerprints, presents incriminating packaging, or has traceable narcotic residue on bills, this would be sufficient to serve as tangible evidence. If only a portion of seized cash bears tangible evidence, then only that portion may be retained to serve as evidence. The remaining balance should be deposited in accordance with Department policy.

 

Avoidance of the effect of a court order is not a significant evidentiary purpose. If only a portion of the seized cash has evidentiary value, only that portion with evidentiary value should be retained. The balance should be deposited in accordance with Department policy.

 
The National Trial Lawyers
Angel Antonio Castro IIIReviewsout of 3 reviews

Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

300 East 95th Street

Suite 172
New York, NY

10128

 

 

Phone: (347) 762-6334
Fax: (212) 731-0217

 

Hablamos Espanol

Visita
CNYabogado.com

 

Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

Meetings

We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

Prior results do not guarantee a similar outcome.

Avvo - Rate your Lawyer. Get Free Legal Advice.
Print Print | Sitemap
© Complex Litigation, Appeals & Negotiation by Angel Antonio Castro, III, Esq.