IN THE UNITED STATES DISTRICT COURT FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Apr 27, 2020
FOR THE DISTRICT OF HAWAII SUE BEITIA, CLERK
IN THE MATTER OF CERTAIN MISC. NO. 20-00160 JMS-WRP
ADMINISTRATIVE AND CIVIL
ASSET FORFEITURE
PROCEEDINGS
GENERAL ORDER EXTENDING CERTAIN STATUTORY DEADLINES
FOR ADMINISTRATIVE AND CIVIL JUDICIAL ASSET FORFEITURE
PROCEEDINGS AND ACTIONS
The United States has applied, pursuant to 18 U.S.C. § 983, for an Order
granting a 60-day blanket extension of the statutory deadlines by which the
government is required to (1) commence administrative forfeiture proceedings
against seized property; and (2) commence civil judicial forfeiture actions
following submission of timely administrative claims in such proceedings. Good
cause appearing therefor, and for the reasons stated below, the government’s
application is GRANTED.
On March 13, 2020, President Trump declared a national emergency,
effective as of March 1, 2020, due to the Novel Coronavirus Disease (“COVID-
19”) pandemic, and on March 29, 2020, the President extended the period of
recommended social distancing and non-essential activity through the end of April
2020. The Centers for Disease Control and Prevention (“CDC”) and other public
health authorities have advised the taking of precautions to reduce the possibility
of exposure to the virus and slow the spread of the disease. To allow federal
employees to engage in social distancing to slow the spread of the virus, on March
15, 2020, U.S. Attorney General William Barr implemented a “maximum
telework” policy, which includes all DOJ law enforcement components. Similar
orders were issued by the Departments of Homeland Security and Treasury. As a
result, virtually all asset forfeiture personnel working in the headquarters facilities
of the Agencies in and around Washington, DC are teleworking, as are the
overwhelming majority of the attorneys and staff at the U.S. Attorney’s Office in
this District.
As explained in the government’s application and supporting declaration, the
COVID-19 disease has continued to spread, and it is becoming increasingly
difficult, and soon may be impossible, for the agencies to carry out their
responsibilities for processing thousands of pieces of time-sensitive mail,
providing timely, direct written notice to thousands of potential claimants, and
making the necessary referrals to the U.S. Attorney’s Offices across the country.
The government agencies with administrative forfeiture authority
(collectively, the “Agencies”) include the Federal Bureau of Investigation (“FBI”),
the Drug Enforcement Administration (“DEA”), the Bureau of Alcohol, Tobacco,
Firearms & Explosives (“ATF”), Customs and Border Protection (“CBP”), which
is also responsible for processing seizures by Immigration and Customs
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Enforcement/Homeland Security Investigations (“HSI”), U.S. Border Patrol, the
U.S. Secret Service (“USSS”), Internal Revenue Service – Criminal Investigation
(“IRS-CI”), and the United States Postal Inspection Service (“USPIS”). On an
annual basis, the Agencies initiate and process tens of thousands of administrative
forfeitures. Those efforts generate massive amounts of paperwork, and require
regular, close physical interaction among office personnel in each Agency’s
headquarters office (and, in some cases, Agency field offices) to prepare notice
letters, correction letters, denial letters, the mailing envelopes for all of those
letters, and the preparation of notice by publication for each targeted asset.
In addition, Agency employees and contractors physically handle large
volumes of mail from the public on a daily basis, including hand-written letters,
claims, petitions for remission or mitigation, and requests for reconsideration.
Although the seizing Agencies are capable of processing claims and petitions
submitted electronically, the government has represented to the Court that the
overwhelming majority of all submissions (approximately 85%) still arrive by
mail. The submission of timely administrative claims requires the Agencies to
refer those matters to the U.S. Attorney’s Offices across the country and trigger
separate deadlines relating to the filing of judicial forfeiture actions in the district
courts. The government has requested a blanket 60-day extension of those 90-day
filing deadlines as well.
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The Court finds that the working conditions described in the government’s
application are inconsistent with the social distancing guidelines of the CDC and
other health and public safety officials and the government’s own guidelines for
workplace safety.
The Agencies have certified to the Court that in light of the COVID-19
pandemic, their compliance with the 60 and 90-day statutory deadlines for
commencing administrative forfeiture with respect to federal and adoptive
seizures, respectively, is likely to endanger the life or physical safety of the
government employees and contractors responsible for carrying out the duties of
the Agency administrative forfeiture programs, as described at 18 U.S.C.
§ 983(a)(1)(A)(i), justifying the extension of those deadlines pursuant to 18 U.S.C.
§ 983(a)(1)(C). Specifically, the government has demonstrated that the ongoing
national emergency triggered by the pandemic, and the resulting need for social
distancing and heightened controls on physical contact with objects that may
present a risk of contamination, constitute good cause for a finding that requiring
the noticing of seizures and referral of claims may endanger the life or health of the
government asset forfeiture attorneys and staff (at both the Agencies and the U.S.
Attorney’s Offices) responsible for reviewing cases, issuing notices, and
processing submitted claims and petitions. All of these factors support an order
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pursuant to § 983(a)(1)(C) and (3)(A) granting the 60-day blanket extensions
described herein.
WHEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that:
(1) for all federal seizures of property that occurred or will occur in the
District of Hawaii between February 3, 2020, and May 4, 2020, the deadline
established by 18 U.S.C. § 983(a)(1)(A)(i) for any seizing Agency to commence
administrative forfeiture proceedings against such property shall be and hereby is
extended for a period of 60 days;
(2) for all seizures of property by state or local law enforcement agencies in
the District of Hawaii that have occurred or will occur between January 3, 2020,
and May 4, 2020, which seizures are thereafter federally adopted by one of the
Agencies, the deadline established by 18 U.S.C. § 983(a)(1)(A)(iv) for the
adopting Agency to commence administrative forfeiture proceedings against such
property shall be and hereby is extended for a period of 60 days;
(3) to the extent that any Agency executed a 30-day extension of any
administrative notice deadline pursuant to 18 U.S.C. § 983(a)(1)(B) on or before
April 5, 2020, the deadline for the sending of the required notice is extended for 60
days from the current deadline; and
(4) the 90-day deadline established in 18 U.S.C. § 983(a)(3)(A) for the filing
of a civil forfeiture complaint (or inclusion of an asset in a criminal indictment)
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following an Agency’s receipt of a timely administrative claim between January 3,
2020, and May 4, 2020, as to which venue is proper in the District of Hawaii, is
hereby extended to 150 days; and
In accordance with the provisions of 18 U.S.C. § 983(a)(1)(C), further
extensions of no more than 60 days each may be granted as necessary, upon an
appropriate showing.
ORDERED ON BEHALF OF THE COURT:
DATED: Honolulu, Hawaii, April 27, 2020.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
In the Matter of Certain Administrative and Civil Forfeiture Proceedings, Misc. No. 20-00160
JMS-WRP, General Order Extending Certain Statutory Deadlines for Administrative and Civil
Judicial Asset Forfeiture Proceedings and Actions
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