Responsive Pleadings for Civil Asset Forfeiture
Supplemental Rule G(5) (formerly, Rule C(6)) governs responsive pleadings to a civil forfeiture action. Unlike a typical civil action that generally requires only the filing and service of an answer in response to a civil complaint, Rule G(5) requires that a potential claimant take two steps. See United States v. $23,000 in U.S. Currency, 356 F.3d 157, 161-62 (1st Cir. 2004).
First, once the government has filed a verified complaint to commence a forfeiture action, a claimant who wishes to assert an interest in the property must file “a claim in the court where the action is pending.” Supp. R. G(5)(a)(i)(D).
As required by Supp. R. G(5)(a)(i), the claim must:
- identify the property claimed;
- identify the claimant and their interest in the property;
- signed under penalty of perjury—that is, it must be verified; and
- be served on the government attorney.
When the Government sends direct notice of the complaint to a potential claimant, the claimant must file a claim “by the time stated in a direct notice sent under Rule G(4)(b)” unless the court “for good cause” sets a different time. See Supp. R. G(5)(a)(ii)(A).
Second, “[a] claimant must serve and file an answer to the complaint or a motion under Rule 12 within 21 days after filing the claim.” Supp. R. G(5)(b).
The Government’s Motion to Strike a Claim or Answer
After a claimant has come forward, but at any time before trial, the government “may move to strike a claim or answer: (A) for failing to comply with [Supplemental] Rule G(5) or (6), or (B) because the claimant lacks standing.” Supp. R. G(8)(c)(i)(A) & (B).
As explained in United States v. $27,601.00 U.S. Currency, 800 F. Supp. 2d 465, 467 (W.D.N.Y. 2011), “under the Supplemental Rules, the government may move to strike a forfeiture claim at any time before trial for failure to comply with Rule G(5) or for lack of standing.” (quoting United States v. $12,126.00 in United States Currency, 337 Fed. Appx. 818, 820 (11th Cir. 2009) (citing Supp. R. G(8)(c)))).
