UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN THE MATTER OF THE RULES OF
THE COURT PERTAINING TO THE
FEDERAL PROTECTIVE SERVICE
Administrative Order No. 25-MS-109
FORFEITURE OF COLLATERAL
SCHEDULES
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The Unites States Attorney’s Office has submitted a proposed Forfeiture of Collateral
Schedule for certain petty offenses in the Western District of Michigan, pertaining to the United
States Department of Homeland Security, Federal Protective Service (FPS). This proposed
Forfeiture of Collateral Schedule incorporates the new regulations governing conduct on
government property found at Title 6, Code of Federal Regulations, Part 139, Subpart B.
IT IS HEREBY ORDERED that the prior Administrative Order (25-MS-097) regarding
forfeiture of collateral schedules in the Western District of Michigan is hereby vacated as to the
portion regarding FPS only.
IT IS FURTHER ORDERED that, pursuant to Rule 58(d) of the Federal Rules of Criminal
Procedure and Local Criminal Rule 58.2(a), persons charged with committing an offense listed in
the attached Forfeiture of Collateral Schedule (“Schedule”) may, in lieu of appearance before a
United States Magistrate Judge, post and forfeit collateral in accordance with this Order and the
attached Schedule.
IT IS FURTHER ORDERED that:
(a) Where the attached Schedule provides a collateral amount, the officer issuing a
Violation Notice shall write that amount in the box at the lower right on the Violation
Notice, unless the officer determines that the circumstances are aggravated, in which event
the officer may fix the offense as a Mandatory Appearance offense, requiring the offender’s
appearance before a United States Magistrate Judge.
(b) Where the issuing officer fixed an amount to be forfeited in accordance with the
attached Schedule, the offender may, with the concurrence of the United States Attorney’s
Office for the Western District of Michigan, post and consent to forfeiture of a lesser
collateral amount, if the lesser amount is approved by the United States Attorney’s Office.
(c) Where the issuing officer fixed an offense as a Mandatory Appearance offense, the
offender may, with the concurrence of the United States Attorney’s Office for the Western
District of Michigan, post a forfeit collateral in lieu of appearance before a United States
Magistrate Judge, in an amount not to exceed the maximum fine under the law, if the
collateral amount is approved by the United States Attorney’s Office.
IT IS FURTHER ORDERED that the attached Forfeiture of Collateral Schedule for the
United States Department of Homeland Security, Federal Protective Service is adopted and
approved.
FOR THE COURT:
Dated: December 5, 2025
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
RULES AND PROCEDURES FOR FORFEITURE OF COLLATERAL
Forfeiture of collateral in lieu of appearance will be in accordance with the following rules and
procedures:
Fed. R. Crim. P. 58(d): Paying a Fixed Sum in Lieu of Appearance
(1) In General. If the court has a local rule governing forfeiture of collateral, the court
may accept a fixed-sum payment in lieu of the defendant’s appearance and end the case,
but the fixed sum may not exceed the maximum fine allowed by law.
W.D. Mich. LCrR 58.2: Petty Offenses and Collateral Forfeitures
(a) Posting collateral in lieu of appearance - A person who is charged with a violation
of a Federal Wildlife Act, parking regulation governing the federal building, National
Forest offense, conduct on postal service property, violation of law on military property
or any other petty offense as defined in 18 U.S.C. § 19, may, in lieu of appearance, post
collateral in the amount indicated for the offense, waive appearance before a magistrate
judge, and consent to the forfeiture of collateral to the United States. The posting of said
collateral shall signify that the offender does not contest the charge or request a hearing
before the designated magistrate judge. If the collateral is forfeited, such action shall be
tantamount to a finding of guilty. Collateral will be permitted only for those offenses
specifically authorized by the court in separate orders. There shall be maintained in the
office of the clerk and with each magistrate judge a current list of the petty offenses and
collateral applicable thereto which the court has established as collateral forfeiture
offenses.
(b) Failure to post and forfeit collateral - If a person charged with an offense under
this rule fails to post and forfeit collateral, any punishment, including fine, imprisonment
or probation may be imposed within the limits established by law upon conviction.
(c) Aggravated offenses - If, within the discretion of the law enforcement officer, the
offense is of an aggravated nature, the law enforcement officer may require appearance.
Any punishment, including fine, imprisonment or probation, may be imposed within the
limits established by law upon conviction.
(d) Appearance required - Nothing contained in this rule shall prohibit law
enforcement officers from arresting a person for the commission of any offense,
including those for which collateral may be posted and forfeited, and requiring the person
charged to appear before a magistrate judge or, upon arrest, taking the person
immediately before a magistrate judge.
