Declaration of Forfeiture

If you received a Declaration of Forfeiture, it means the government has officially moved to take permanent ownership of your property in an asset forfeiture proceeding. Whether it was cash, a vehicle, or cryptocurrency, this document is a formal notice that the administrative process is concluding, and the seizing agency now claims legal title to your assets.

At Sammis Law Firm, we represent clients in both state and federal asset forfeiture cases. We understand how devastating it is to have your property taken without a criminal conviction. Our goal is to help you navigate the complex deadlines and procedural requirements to get your property back.

A Declaration of Forfeiture is typically the final step in an administrative forfeiture proceeding. Unlike judicial forfeiture, which involves a lawsuit filed in court, administrative forfeiture allows agencies like the FBI, DEA, or local Florida law enforcement to forfeit property “non-judicially” if no one files a valid legal claim in time.

Once the Declaration is issued, it has the same force and effect as a final court judgment. It essentially “extinguishes” your rights to the property.

Why Did I Receive the “Declaration of Forfeiture” Notice?

Under 50 CFR § 12.13, the declaration of forfeiture is issued when:

• the seizing agency commences a timely proceeding against property subject to administrative forfeiture, and either no valid and timely claim is filed or the seized property is not released in response to a petition or supplemental petition for remission, the Service or the Solicitor will declare the property forfeited to the United States for disposition according to law. The declaration of forfeiture will have the same force and effect as a final decree and order of forfeiture in a Federal judicial forfeiture proceeding.
• The declaration of forfeiture will describe the property and state the date, time, place, and reason for the seizure of the property. The declaration of forfeiture will refer to the notice of seizure and proposed forfeiture and describe the dates and manner in which the notice of seizure and proposed forfeiture was sent to you. If we have no proof of delivery to you of the notice of seizure and proposed forfeiture, the declaration of forfeiture will describe the efforts made to deliver the notice of seizure and proposed forfeiture to you.

Under 28 CFR § 8.12, if the seizing agency commences a timely proceeding against property subject to administrative forfeiture, and no valid and timely claim is filed, the appropriate official of the seizing agency shall declare the property forfeited. The declaration of forfeiture shall have the same force and effect as a final decree and order of forfeiture in a federal judicial forfeiture proceeding.

Under these provisions, the government issues a Declaration of Forfeiture when:

• The Property was Seized: Law enforcement took possession of the asset based on “probable cause” that it was connected to criminal activity.
• Notice was Provided: The agency sent a personal “Notice of Seizure” by mail and also published the notice of the forfeiture.gov website.
• No Claim was Filed: The most common reason for a Declaration of Forfeiture is because the owner failed to file a Verified Claim within the strict deadline (usually 30–35 days from the notice).

Many people lose their property simply because they didn’t know how to properly format their claim or sent it to the wrong office. If you missed a deadline, you must act immediately to see if the forfeiture can be set aside.

Can a Declaration of Forfeiture Be Overturned?

Under 18 U.S.C. § 983(e) (for federal cases) or the Florida Contraband Forfeiture Act, there are limited circumstances where you can challenge a completed forfeiture. These include:

• Lack of Notice: You did not receive adequate notice of the seizure despite the government knowing you were an interested party.
• Procedural Errors: The agency failed to follow the strict statutory timelines for providing notice or processing the claim.
• Excusable Neglect: In rare cases, if there was a legitimate reason the claim wasn’t filed, a court may allow a late filing.

If you discover that your property has been forfeited, do not wait. The longer the Declaration of Forfeiture stands, the harder it is to reverse. Act quickly.

• Save the Documents: Keep the Declaration and the envelope it arrived in (to prove the postmark date).
• Identify the Agency: Determine if it is a state seizure (Hillsborough County Sheriff’s Office, TPD) or a federal seizure (DEA, CBP, FBI).
• Consult an Attorney: An experienced forfeiture attorney can review the “Declaration of Forfeiture” to see if the government cut corners or violated your due process rights.

IRS Form 1570 for Declaration of Forfeiture

According to the IRS website, 9.7.2.7.13 (10-16-2023) explains that if no one files a claim for the seized property requesting a judicial determination of the forfeiture within the specified time period, a Form 1570, Declaration of Forfeiture (see Exhibit 9.7.2-6) will be prepared for the signature of the Director of Field Operations (DFO), declaring the property forfeited to the United States.

The IRS Form 1570 is an internal, non-public agency template used exclusively by federal agents. The Internal Revenue Manual (IRM) explicitly outlines the required fields and legal statements that populate this form. The layout consists of four main functional sections:

1. Administrative and Case Tracking Headers: This section contains standard agency identifiers to link the forfeiture to the original criminal or civil investigation.
   • Seizure / Case Number: The unique tracking number assigned to the investigation by IRS Criminal Investigation (CI).
   • Seizing Agency: Designated as the Internal Revenue Service / Department of the Treasury.
   • Seizure Date: The exact calendar day federal agents physically or legally took control of the property.
   • Location of Seizure: The city, state, or specific IRS Field Office that initiated the asset grab.
   • Description and Valuation of Asset(s): Every piece of property being permanently permanently confiscated must be explicitly detailed here.
   • Description of Asset: A highly specific inventory entry. For cash, it lists the exact currency amount. For vehicles or electronics, it notes the make, model, and serial/VIN numbers.
   • Appraised Value / Acquisition Cost: The formal dollar valuation of the asset at the time of the seizure.
2. Statutory Declaration (The “Legal Text”): This is the core legal text of the document.
   1. Rather than a “line-by-line” questionnaire, it is a formal, boilerplate legal statement certifying that the government followed proper protocol.
   2. The form explicitly states: “That a legal Notice of Seizure and Intent to Forfeit was properly sent to all known interested parties.” That the legal notice was publicly advertised for the legally required duration (to give unknown owners a chance to claim it).
   3. That the statutory window (usually 30 to 35 days) has fully closed.
   4. That no valid, timely legal claims or petitions were filed by any individual or entity to contest the seizure.
   5. A formal invocation of federal law (such as Title 18 or Title 26 of the U.S. Code), declaring the described property officially forfeited to the United States of America.
3. Execution and Authorization: The form is completely invalid until it is finalized by agency leadership.
   1. Signature Line: Signed by the Director of Field Operations (DFO) or an authorized Special Agent in Charge (SAC).
   2. Date of Execution: The exact date the form is signed, which legally establishes the government’s official ownership date.

Contact an Asset Forfeiture Attorney at Sammis Law Firm

At Sammis Law Firm, we fight to protect the property rights of our clients. We focus on challenging seizures involving cash, vehicles, and cryptocurrency. If your assets were seized in Florida or by a federal agency, contact us to discuss your case.

If you have been handed a document referencing a “Form 1570” or a “Declaration of Forfeiture,” it usually means the agency has concluded that you missed the deadline to fight for your property.

Contact us to speak with a criminal defense attorney focused on asset forfeiture. We can help you determine if your property can still be recovered.

Call (813) 250-0500.

This article was last updated on Friday, June 5, 2026.