Deadlines for CAFRA Civil Asset Forfeitures
The Civil Asset Forfeiture Reform Act of 2000 (hereinafter “CAFRA”) imposes several statutory deadlines in forfeiture cases, including:
- a 60-day deadline to issue a notice of seizure to all interested parties; and
- a 90-day deadline to file a complaint for forfeiture after the demand for court action is filed;
- the statute of limitations that might bar the government from initiating a forfeiture; and
- the statute of limitations that might bar the claimant from moving to set aside a default judgment.
This article examines how the 60- and 90-day deadlines may lead to the court dismissing the government’s forfeiture complaint if missed.
Civil Asset Forfeiture Lawyers at Sammis Law Firm
If a government agency seized your property, contact an experienced civil asset forfeiture attorney at Sammis Law Firm. We represent clients throughout the state of Florida in civil asset forfeiture cases. We also co-counsel with other attorneys across the United States to fight for the return of property.
At Sammis Law Firm, we pay particular attention to the deadlines in civil asset forfeiture cases. When appropriate, we file and litigate motions to dismiss the government’s complaint on this basis.
Call 813-250-0500.
Government’s 60-Day Deadline
The 60-day deadline to issue the notice of seizure is explained in Title 9 of the Department of Justice Manual in 9-112.210 as follows:
Section 983(a)(1) requires that written notice of an administrative forfeiture action be sent to interested parties as soon as practicable but no later than 60 days after the date of the seizure.
For interested parties determined after seizure, the written notice shall occur within 60 days after reasonably determining ownership or interest. See section 983(a)(1)(A)(v)….
If a seizing agency discovers that it has inadvertently failed to comply with a deadline for sending notice of the administrative forfeiture of property in a case where such deadlines apply, and the person from whom the property was seized has not waived the 60-day deadline, no further action may be taken to forfeit the property administratively based on the offense giving rise to the original seizure, and the property must be returned to the person from whom it was seized in accordance with section 983(a)(1)(F), unless the return of the property would be unlawful, or unless the Government, as soon as may be practicable, commences a judicial forfeiture proceeding by[:]
(1) naming the property in a criminal indictment or information and obtaining a judicial order pursuant to section 853(e) or (f) allowing it to hold the property; or
(2) filing a civil judicial forfeiture action and retaining lawful possession of the property pursuant to an arrest warrant in rem.
See Chapter 2 of the Asset Forfeiture Policy Manual (“Sixty-Day Notice Period in All Administrative Forfeiture Cases”).
One exception to this rule involves high-value property valued at $500,000 or more, for which no “notice of seizure” is required, as administrative forfeiture is not permitted. For high-value assets valued at $500,000 or more, the property can only be forfeited through judicial forfeiture proceedings.
Government’s 90-Day Deadline
The 90-day deadline takes effect after a demand for court action is filed with the agency that seized the property. Under CAFRA, a complaint for forfeiture must be filed within 90 days after a verified claim for court action has been filed.
If a complaint for forfeiture is not filed within the 90-day time period that begins after the verified claim is filed, the seized property must be returned to the owner. In those cases, the Claimant can file a Rule 41(g) motion for return of property, or a motion to dismiss the complaint for forfeiture that was filed late. No further action regarding the civil forfeiture of the property in connection with the underlying offense can be initiated.
Instead of filing a civil forfeiture complaint within 90 days, the government has the option of including a forfeiture count or allegation in a criminal indictment.
Even after the seizure for forfeiture of high-value property worth $500,000 or more, the 90-day deadline can be triggered by the Claimant sending a verified claim for court action to the seizing agency or filing a Rule 41(g) motion for return of property. See 18 U.S.C. § 983(a)(2)(A), (E) & (3)(A); United States v. Eight Thousand Eight Hundred & Fifty Dollars ($8,850) in U.S. Currency, 461 U.S. 555, 556 (1983).
Return of property pursuant to 18 U.S.C. 983(a)(3)(B)
The regulation that applies in this situation is 28 C.F.R. §8.13, “Return of property pursuant to 18 U.S.C. 983(a)(3)(B),” which states:
(a) If, under 18 U.S.C. 983(a)(3), the United States is required to return seized property, the U.S. Attorney in charge of the matter shall immediately notify the appropriate seizing agency that the 90-day deadline was not met. Under this subsection, the United States is not required to return property for which it has an independent basis for continued custody, including but not limited to contraband or evidence of a violation of law.
(b) Upon becoming aware that the seized property must be released, the agency shall promptly notify the person with a right to immediate possession of the property, informing that person to contact the property custodian within a specified period for release of the property, and further informing that person that failure to contact [*10] the property custodian within the specified period for release of the property may result in initiation of abandonment proceedings against the property pursuant to 41 CFR part 128-48. The seizing agency shall notify the property custodian of the identity of the person to whom the property should be released.
(c) The property custodian shall have the right to require presentation of proper identification and to verify the identity of the person who seeks the release of property.
Sample “Motion to Dismiss” – 18 U.S.C. § 983(a)(3)(A)
If the AUSA files a complaint for civil asset forfeiture under CAFRA outside the 90-day deadline from when the claim was served on the seizing agency, then your attorney can file a motion to dismiss, which might allege:
Motion to Dismiss
The Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) expressly commands:
“Not later than 90 days after a claim has been filed, the Government shall [1] file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or [2] return the property pending the filing of a complaint, except that a court in the district in which the complaint will be filed may [3] extend the period for filing a complaint for good cause shown or upon agreement of the parties.”
18 U.S.C. § 983(a)(3)(A) (emphasis added).
Under the statute, the Government has 90 days to initiate one of three possible options:
- file a complaint (civil or criminal) alleging the property is subject to forfeiture;
- return the property; or
- seek an extension of the deadline.
Id. Furthermore, if, by the end of the 90-day deadline, the Government has not initiated one of these options, its choice is limited to the prompt return of the property. See 18 U.S.C. § 983(a)(3)(B) (“if the Government does not [perform one of the actions listed above], the Government shall promptly release the property.”) (emphasis added).
If the court granted the AUSA’s request for an extension, the request and order must have been within the 90-day statutory deadline. The courts have “consistently held that an extension must be requested before the complaint deadline has elapsed and that retroactive extensions are not permitted.” United States v. 2014 Mercedes-Benz GL350BLT, VIN: 4JGDF2EE1EA411100, 162 F. Supp. 3d 1205, 1210 (M.D. Ala. 2016).
Memorandum of Law
I. INTRODUCTION
Claimant, _____, moves to dismiss this civil asset forfeiture complaint [or the forfeiture provision in the indictment] because the complaint [or indictment] was filed beyond the expiration of the 90 day statutory deadline in 18 U.S.C. § 983(a)(3)(B), which ran on ______ which was 90 days after the government or seizing agency received Claimant’s verified claim on _____.
Since the civil asset forfeiture complaint [or Indictment] was filed outside the statutory deadline, the defendant property must be returned without forfeiture pursuant to 18 U.S.C. §983(a)(3)(A) & (B).
Because the statutory deadline expired, the civil asset forfeiture complaint fails to state a claim upon which relief may be granted and should be dismissed pursuant to F.R.Civ.P. 12(b)(6). [Because the statutory deadline expired, the forfeiture provision of the Indictment must be dismissed.]
II. STATEMENT OF FACTS
After the defendant property was seized by [insert federal agency] on ______.
The [federal agency mailed notice of the seizure to the Claimant on or about ______.
The notice letter stated that to contest the forfeiture in U.S. District Court, the Claimant was required to file a claim of ownership “with the Forfeiture Counsel of the [federal agency] by _______” at the following address: Forfeiture Counsel, Asset Forfeiture Section, Office of Domestic Operations, Drug Enforcement Administration, HQs Forfeiture Response, P.O. Box 1475, Quantico, VA 22134-1475. See Exhibit A, Notice Letter, filed concurrently hereto and attached to Declaration of Attorney ______.
The notice further provided in relevant part that “[[quote what it says about date it is deemed filed]]….
Read more about the rules for the claimant filing a motion seeking leave to file a late judicial claim in a civil asset forfeiture proceeding.
This article was last updated on Friday, November 14, 2025.