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UNITED STATES DISTRICT COURT r
SOUTHERN DISTRICT OF OHIO
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In Re:
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ORDER EXTENDING CERTAIN GENERAL ORDER 20-15
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. 1 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.
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On March 29, 2020, the President extended the period ofrecommended social distancing and
non-essential activity through the end of April.
As explained in the government's application and supporting declarations, 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 oflnvestigation (FBI); 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
Enforcement/Homeland Security Investigations (HSI), United States Border Patrol, the United
States Secret Service (USSS); the 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 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 on the government' s dedicated forfeiture website (www.forfeiture.gov).
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 overwhelming majority of all
submissions (approximately 85%) still come through the mail. The submission of timely
administrative claims requires the Agencies to refer those matters to the U.S. Attorney's Offices
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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.
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, the government's own guidelines for workplace safety, and the explicit requirements of
mandatory declarations of state and local governments in the Southern District of Ohio.
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)(l)(A)(i), justifying
the extension of those deadlines pursuant to 18 U.S.C. § 983(a)(l)(C). Specifically, the
government has demonstrated that 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 pursuant to § 983(a)(l)(C) and (3)(A) granting the 60-day
blanket extensions described herein.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that (I) for all federal
seizures of property that occurred in the Southern District of Ohio between February 3, 2020, and
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April 30, 2020, the deadline established by 18 U.S.C. § 983(a)(l)(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 Southern District of Ohio between January 3, 2020, and April 30, 2020, which
seizures are thereafter federally adopted, the deadline established by 18 U.S.C. § 983(a)(l)(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) the 90-day deadline established at 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) following an Agency's receipt of a timely administrative claim between
February 3, 2020, and April 30, 2020, is hereby extended to 150 days instead of the statutory 90-
day period; and (4) to the extent that any Agency executed a 30-day extension of any administrative
notice deadline pursuant to 18 U.S.C. § 983(a)(l )(B) on or before April 30, 2020, the deadline for
the sending of the required notice is extended for 60 days from the current deadline.
In accordance with the provisions of 18 U.S.C. § 983(a)(l)(C), further extensions of no
more than 60 days each may be granted as necessary, upon an appropriate showing.
IT IS SO ORDERED.
DATED: /'4:..y ~ 2020
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