FILED.
U.S. DISTRICT COURT
DISTRICT OF WYOMING
IN THE UNITED STATES DISTRICT COURT
2020 HAY-7 mS-UZ
FOR THE DISTRICT OF WYOMING
MARGARET DOTKINS.CLERK
CASPER
IN THE MATTER OF:
General Order No. 20-07
CERTAIN PENDING
ADMINISTRATIVE FORFEITURE
PROCEEDINGS
ORDER EXTENDING DEADLINES IN CERTAIN PENDING ADMINISTRATIVE
FORFEITURE PROCEEDINGS
After due consideration, the Court hereby grants the government's motion for extension
of deadlines in certain pending administrative forfeiture proceedings. 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("COVlD-19") pandemic.' As noted in
this Court's Amended General Order No. 20-02 (filed March 17, 2020),"[t]he 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
'On March 29,2020,the President extended the period ofrecommended social distancing and
non-essential activity through the end of April.
issued by the Departments of Homeland Security and Treasury. As a result, virtually all asset
forfeiture personnel working in the headquarters facilities ofthe Agencies in and around
Washington, DC are teleworking, as are the overwhelming majority ofthe 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. Attomey's Offices across the country.
The government agencies with administrative forfeiture authority (collectively, the
"Agencies")include the Federal Bureau of Investigation ("FBI"), Drug Enforcement
Administration ("DEA"); the Bureau of Alcohol, Tobacco, Firearms & Explosives("ATF");
Customs and Border Protection("GBP"), which is also responsible for processing seizures by
Immigration and Customs Enforcement/Homeland Security Investigations("HSI"), U.S. Border
Patrol, the U.S. Secret Service ("USSS"); Intemal Revenue Service - Criminal Investigation
("IRS-CI"); and the United States Postal Service("USPS"). On an annual basis, the Agencies
initiate and process tens ofthousands 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
across the country, and trigger separate deadlines relating to the filing ofjudicial 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 guidelines for workplace safety, and the guidelines of state and
local governments in the District of Wyoming.
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 ofthe 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)(1)(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)(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 Wyoming between February 3,
2020, and the date of this order, 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 Wyoming between January 3, 2020, and the date of
this order, which seizures are thereafter federally adopted, 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 of60 days; and (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 the date of this order, is hereby extended to
150 days instead of the statutory 90-day period. 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 March 31, 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)(1)(C), further extensions of no
more than 60 days each may be granted as necessary, upon an appropriate showing.
IT IS SO ORDERED.
n
DATED this f day of May,2020.
T W. SKAVDAHL
Chief Judge, United States District Court
