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FEDERAL FORFEITURE -- SAMPLE PLEADINGS
NOTICE TO USER:
This file contains sample pleadings a claimant can use as models
when defending him/herself in federal asset forfeiture cases
brought by the DEA or FBI. The forms enclosed do not apply to
forfeitures by government agencies such as Immigration and
Naturalization. These forms are only models. You will have to
modify the information in the forms to fit the facts and
circumstances of your individual case.
We are making these forms available to you so that you will be able
to defend your case until you find a lawyer, and not lose because
you miss a deadline with the FBI or DEA. The DEA especially will
not give you any extra time, so make sure you get all your papers
in on time. In the meantime, look for a lawyer. These cases are
usually too complicated to represent yourself, and you will lose if
you don't follow the proper procedures. The sample pleadings
enclosed in this file will only keep you from losing your case in
the early stages. In most cases they will not be enough to get
your property back. Each case is different, and forfeiture
involves complicated quasi-criminal and constitutional issues. If
you can afford a lawyer, start looking for one as soon as your
property is seized. If you need help, call F.E.A.R. at
1-201-827-2177. They are compiling a directory of lawyers who have
experience handling forfeiture cases. Or you can call your local
lawyer referral service. Make sure you tell them that it is an
asset forfeiture case.
This is how you use the pleadings in this file:
1. FBI\DOCS 1 & 2 -- are the forms you use to respond to a
"notice of forfeiture" from the FBI. This will be mailed to you a
few weeks to a few months after your property is seized by the FBI,
or if it is seized by state or local police and turned over to the
FBI for federal forfeiture. The notice of forfeiture will tell you
how much time you have to respond to the notice of forfeiture. It
is usually 20 days after the first date of publication in FBI
cases. The first date of publication is listed in the upper right
hand corner of the notice of forfeiture. Do not miss these
deadlines or you will lose your case.
2. DEA\DOCS 1 & 2 -- are the equivalent of FBI\DOCS 1 & 2,
except they are used in cases where the DEA seizes or processes the
forfeiture of property.
3. DEA\DOC 3 -- is a petition for expedited release. If your
forfeiture notice includes a section describing your rights to
petition for expedited release (which means you get your property
back pending trial), then you need to file this. The DEA notice
will give you the procedures. The FBI uses a similar process --
use the same forms but modify them.
4. CT\DOCS -- These are models of the types of pleadings you
have to use to keep your case alive in the federal court after you
get past the DEA or FBI process mentioned above. That's all these
forms will do. In order to win your case, you will have to: (1)
bargain with the government for its release (this often means
paying the government a large percentage of the value of the
property in order to get it back, or becoming an informant), or (2)
defend the case on the merits like any other case in which the
federal government is suing you, except that the procedures in
forfeiture cases are very different from ordinary civil cases. The
federal forfeiture statutes have taken away just about every due
process safeguard that citizens normally have in civil cases. For
example, the burden of proof to prove the property is not subject
to forfeiture is on you, the property owner. There are a lot of
quirks to this law. To find out more about it, contact F.E.A.R.
(Forfeiture Endangers American Rights) at (201) 827-2177, or get
their publications or computer bulletin board files.
The Verified Claim must be filed in U.S. District Court within 10
days after you receive a "Complaint For Forfeiture" from the U.S.
Attorney's Office. (This will happen after you file your claim and
In Forma Pauperis petition/or pay the cost bond. If you still
haven't found a lawyer, now you'd better hustle because you can't
do the rest of this alone. Contact your local public defender, or
legal aid agency, or local law schools if you can't find a lawyer
you can afford.
Your Answer has to be filed in federal court within 20 days after
you are served with the complaint. If you still don't have a
lawyer at this point, ask the court for more time by filing a
motion for extension of time. If you absolutely have to file an
answer yourself, you can style it after the enclosed Answer
(CT\DOC2), but you have to carefully tailor it to the facts and law
applicable to your case. The basic theory is that each numbered
paragraph of your Answer corresponds to the same numbered paragraph
of the Complaint. With regard to each paragraph of the Complaint,
you have to either admit, deny, or state you don't have sufficient
information to admit or deny, each factual allegation of the
complaint. Some paragraphs might be combinations of the above.
When in doubt, deny the allegations. This stuff is tricky, and it
may affect the outcome of your case. We have warned you about
this, and we assume no responsibility for your end result.
Good luck!
Sincerely,
Brenda Grantland, Esq.
Washington, D.C.
member F.E.A.R.
p.s. A NOTE REGARDING COPYRIGHTS: Feel free to distribute this
file to any computer bulletin board, or through photocopying, so
long as you distribute the file in its entirety, and without any
changes. Neither Brenda Grantland nor F.E.A.R., nor any bulletin
board distributing this file assumes any responsibility for the use
of this product. Please heed our warnings about consulting a
lawyer. The federal government is much larger than you, and they
have a staff of lawyers trained in forfeiture laws, paid to fight
you, with all the costs assumed by the taxpayers. Do not think you
can defend yourself armed with just these pleadings. As I said
earlier, we are giving you these sample pleadings so you can keep
from losing your case while you are looking for a lawyer -- and
only for that purpose. Also, please don't call me for free advice.
I already donate a large amount of my time to this cause and I
can't help everybody individually. Call F.E.A.R. instead.
FBI\DOC1
FBI
Washington Metropolitan
1900 Half Street
Washington, D.C. 20535
Re:
Prop:
Owner:
Dear Forfeiture Analyst:
__________ hereby claims ownership of the automobile listed above.
She contests the seizure and forfeiture of the money and demands
its prompt release. She is currently undecided as to whether to
file a petition for remission and/or mitigation at this point, but
we will be making that decision in the next 2 weeks. Within that
time we will either file such a petition or will inform you that we
choose to forego the administrative remedies in order to speed up
the judicial process.
____________ is requesting a waiver of the bond. Her declaration
in support of request to proceed in forma pauperis is enclosed.
We are also demanding speedy filing of a judicial forfeiture
complaint.
If you have any questions please call me at the above number.
Sincerely,
_________________________
[signature]
\FBI\DOC2
UNITED STATES OF AMERICA DECLARATION IN SUPPORT
OF REQUEST TO PROCEED
v.
IN FORMA PAUPERIS
_________________________
I, ________________________________ declare that I am the
owner of the property in the above-entitled case; that in support
of my motion to proceed without being required to post a monetary
bond or give security therefor, I state that because of my poverty
I am unable to pay the costs of this proceeding or to give
security therefor; that I believe that I am entitled to relief;
that the answers I give to the following questions are true.
* Are you employed? Yes ( ) No ( )
If the answer is "yes," state the amount of wages you
receive per month. $ ______________
Give the name and address of your employer.
Name ____________________________
Address _____________________________________
_____________________________________
If the answer is "no," state the date when you were last
employed, and the amount of wages you received per month.
Date ________________________ Amount $ ______________
* Have you received any money from any of the following
sources during the past twelve months?
Business, profession or self-employment? Yes ( ) No ( )
Rent payment, interest or divident? Yes ( ) No ( )
Pension, annuity or life insurance payment? Yes ( ) No ( )
Gift or inheritance? Yes ( ) No ( )
If the answer is "yes," describe each source of money.
State the amount received during the past twelve months.
Source Amount
__________________________ ___________________________
__________________________ ___________________________
* Do you have money in any of the following forms?
Cash? Yes ( ) No ( )
Savings account? Yes ( ) No ( )
Checking account? Yes ( ) No ( )
Prison account? Yes ( ) No ( )
If the answer is "yes," state the total amount of money in
each account.
Account Amount
__________________________ ___________________________
__________________________ ___________________________
__________________________ ___________________________
* Do you own any real estate, stocks, bonds, notes,
automobiles or other valuable property? Yes ( ) No ( )
If the answer is "yes," describe the property and state its
approximate value. (Do not report ordinary household furnishings
or clothing.)
Property Value
__________________________ ___________________________
__________________________ ___________________________
__________________________ ___________________________
* Are any persons dependent upon you for support?
Yes ( ) No ( )
If the answer is "yes," list the persons who are dependent
upon you for support. State your relationship to each person.
Indicate how much you contribute to his/her support.
Name Relationship Amount
_________________________ _____________________ $____________
_________________________ _____________________ $____________
_________________________ _____________________ $____________
I declare under penalty of perjury that the foregoing is
true and correct.
____________________ _____________________________
Date Signature
DEA\DOC1
Date: __________________
Drug Enforcement Administration
Office of Chief Counsel
Asset Forfeiture Section
Caller Number 91017
Arlington, VA 22202 Re: Seizure # ___________
Case # __________________
Prop: __________________
Seizure date: ___________
Seizure place: __________
Owner: __________________
Dear Forfeiture Analyst:
I hereby claim ownership of the property listed above. I contest
the seizure and forfeiture of the property and demand its prompt
release.
I am requesting a waiver of the bond. My declaration in support of
request to proceed in forma pauperis is enclosed.
I am also demanding speedy filing of a judicial forfeiture
complaint, and a speedy trial on the merits.
Please send all correspondence relating to this case to me at the
following address:
_______________________________
_______________________________
_______________________________
_______________________________
and send a copy to my lawyer at the following address:
_______________________________
_______________________________
_______________________________
_______________________________
Sincerely,
_______________________
[signature of claimant]
DEA\DOC2
Re: Seizure # ___________
Case # __________________
Prop: __________________
Seizure date: ___________
Seizure place: __________
_________________________
Owner: __________________
DECLARATION IN SUPPORT OF REQUEST TO PROCEED
IN FORMA PAUPERIS
I, ______________________, being first duly sworn, depose and say
that I am the claimant in the above-entitled case; that in support
of my motion to proceed without being required to pay the cost
bond, I state that because of my poverty I am unable to pay the
cost bond.
I further swear that the responses which I have made to the
questions and instructions below relating to my ability to pay the
cost bond are true.
1. Are you presently employed? _____________
a. If the answer is yes, state the amount of your salary
or wages per month and give the name and address
of your employer.
b. If the answer is no, state the date of your last
employment and the amount of the salary and wages per
month which you received.
ANSWER:
2. Have you received within the past twelve months any
income from a business, profession or other form of self-
employment, or in the form of rent payments, interest, dividends,
or other source? _________________
a. If the answer is yes, describe each source of income,
and state the amount received from each during the
past twelve months.
ANSWER:
3. Do you own any cash or checking or savings account? ____
a. If the answer is yes, state the total value of the items
owned.
ANSWER:
4. Do you own any real estate, stocks, bonds, notes,
automobiles, or other valuable property (excluding ordinary
household furnishings and clothing)?
a. If the answer is yes, describe the property and state its
approximate value.
ANSWER:
5. List the persons who are dependent upon you for support
and state your relationship to those persons.
ANSWER:
I declare under penalty of perjury that the foregoing is true
and correct.
Executed on _________.
____________________________
[signature of claimant]
DEA\DOC3
Date:
Drug Enforcement Administration
Group 35
400 6th Street S.W.
Washington, D.C. 20024 Re: Seizure #
Case #
Prop:
Owner:
PETITION FOR EXPEDITED RELEASE
Claimants, , through
undersigned counsel, petition for the expedited release of their
automobile, described above. As grounds for this petition
claimants state the following:
1. Claimant's automobile, was seized from their residence
located at 2. Claimants own the subject vehicle outright.
It has no liens on it, took out a second mortgage on their home to
pay off the car note.
3. Statement of facts and circumstances:
a. Claimants have valid, good faith ownership of the
subject automobile. No one other than them has any interest in
the car. The car was purchased entirely from proceeds from their
employment.
b. The claimants here can show that they did more than
"reasonably attempt to ascertain the use of the property in a
normal and customary manner."
c. The regulations require that claimants show they
"did not know or consent to the illegal use of the property, or,
in the event that the owner knew or should have know of the
illegal use, the owner did what reasonably could be expected to
prevent the violation." Claimants assert that
I declare under penalty of perjury that the foregoing is true
and correct.
________________________ _______________________
CT\DOC1
IN THE UNITED STATES DISTRICT COURT
FOR THE ______ DISTRICT OF __________
UNITED STATES OF AMERICA :
:
Petitioner, :
:
v. : CA #:
:
FUNDS IN BANK ACCOUNT :
NUMBER _________, IN THE NAME :
OF ________________ :
Respondent :
VERIFIED CLAIM OF ________________
Claimant, ________________, through undersigned counsel, files
this verified claim praying for the release and restitution of the
funds in his bank account at _________________________. As grounds
for this claim claimant states the following:
1. I am the owner of the funds in the bank account at
______________ Bank, Account No. _________, which was impounded
by the United States of America. I hereby demand its restitution
and claim the right to defend this action.
VERIFICATION
I, _________________, do hereby verify that I have read the
foregoing Claim, and declare under penalty of perjury that the
allegations therein are true and correct.
Executed on this ____ day of _______, 1989.
________________________
[signature of claimant]
___________________________
BY: [signature of attorney]
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing verified claim
was served, by mail, upon Assistant United States Attorney ____
__________________________________________________, this ________
day of ___________________, 1989.
_________________________________
[signature]
CT\DOC2
IN THE UNITED STATES DISTRICT COURT
FOR THE __________ DISTRICT OF _____________
UNITED STATES OF AMERICA :
:
Petitioner, :
:
v. : CA #:
:
FUNDS IN BANK ACCOUNT :
NUMBER _________, IN THE NAME :
OF ________________ :
:
Respondent :
ANSWER TO COMPLAINT FOR FORFEITURE IN REM
Claimant, ___________________, through undersigned counsel,
answers the Complaint For Forfeiture In Rem as follows:
1. Claimant does not dispute the legal contentions, in
paragraph one, that 21 U.S.C. Sec. 881(a)(6) provides for the
forfeiture of "money and all other things of value furnished or
intended to be furnished in exchange for a controlled substance in
violation of Title II of the Controlled Substances Act, 21 U.S.C.
Sec. 801 et seq., and for the forfeiture of all proceeds traceable
to such an exchange." Claimant denies that the contents of his
bank account, which are the subject of this action, were
"furnished or intended to be furnished in exchange for a
controlled substance" or "proceeds traceable to such an exchange."
2. Claimant admits the allegations of jurisdiction and
venue in paragraph two.
3. Claimant admits the allegations in paragraph three.
4. Claimant admits the allegations in paragraph four.
5. Claimant admits the allegations in paragraph five.
6. Claimant admits that the bank account was seized by the
Park Police and later adopted by the Federal Bureau of
Investigation. He also admits that, on ________________, a search
warrant was executed for the premises at ____________________,
_____________. He is without sufficient information to admit or
deny the allegation that a bank statement for his account was
found in a metal strong box containing a large quantity of illegal
drugs. He denies that the ledgers seized were drug business
ledgers, that he was engaged in narcotics activities, and that the
funds in the bank account were furnished or intended to be
furnished in exchange for controlled substances or were proceeds
of such exchanges.
First Defense
7. The complaint fails to state a claim upon which relief
may be granted.
Second Defense
8. The complaint must be dismissed, pursuant to United
States v. $8,850 in United States Currency, 461 U.S. 555 (1983),
because the unreasonable and unjustified delay between the seizure
of the property and the bringing of this forfeiture action
deprived the claimant of due process of law.
First Counterclaim
9. The lengthy period of time claimant's money has been
illegally withheld from him has resulted in the loss of its use in
respondent's business and personal affairs, for which he seeks
reasonable interest.
WHEREFORE, claimant prays:
1. That this action be dismissed for lack of subject
matter jurisdiction;
2. That the subject bank account be ordered released to
claimant immediately;
3. That he be awarded reasonable interest;
4. That he be awarded attorneys fees; and
5. For such other and further relief as may be deemed just
and equitable.
________________________
[signature]
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing answer was
served, by mail, upon Assistant United States Attorney ____
___[name, address]________________________________, this ________
day of ___________________, 1989.
_________________________________
[signature]
The above information was brought to you by F.E.A.R. (Forfeiture
Endangers American Rights) at (201) 827-2177 and the Grassroots
Party. The Grassroots Party, a non-profit political organization,
operates a 24 day message line with recorded information.
Minnesota Grassroots Party Information Line
612/773-9683
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"Prohibition will work great injury to the cause of
temperance. ...for it goes beyond the bounds of reason
in that it attempts to control a man's appetite by
legislation and makes a crime out of things that are
not crimes. A prohibition law strikes a blow at the
very principles upon which our government was founded"
-- Abraham Lincoln
