Home » Asset Seizure / Asset Forfeiture » Federal Asset Forfeiture » Depositions

Depositions in Federal Civil Asset Forfeiture Cases

In federal civil asset forfeiture cases, the Claimant’s attorneys might conduct a Rule 30(b)(6) deposition on the government agency that seized the property. This type of deposition allows the Claimant to provide the Government with a list of topics for the deposition. The Government then identifies one or more witnesses to speak on behalf of the Government as to the topics identified.

The Rule 30(b)(6) depositions give the Government “an affirmative duty to make available persons who will be able to ‘give complete, knowledgeable and binding answers’ on its behalf.” Reilly v. NatWest Mkts. Group, Inc., 181 F.3d 253, 268 (2d Cir.1999). If a Rule 30(b)(6) witness offered by the Government refuses to answer the questions, or gives non-responsive answers, the Claimant can force the Government to identify a new witness to speak on their behalf.

In United States v. All Assets Held in Acct. No. XXXXXXXX, No. CV 13-1832 (JDB), 2019 WL 13197264 (D.D.C. 2019), the “government was obligated to prepare its Rule 30(b)(6) deponent to testify on all matters within the noticed topics, and to substitute an appropriate deponent if the original designee was unable to respond to certain relevant areas of inquiry. The government failed do so. Hence, the Court will grant Bagudu’s motion to compel additional Rule 30(b)(6) testimony.”

When the Claimant seeks the Rule 30(b)(6) deposition, it must serve a notice on the government agency, clearly outlining the topics for examination. The government agency, represented by an Assistant United States Attorney, must then designate one or more individuals who can testify about the designated topics, ensuring the testimony is comprehensive and representative of the organization’s knowledge.

The designated representatives must testify not only about information known to them personally, but also about information reasonably available to the organization. The testimony given by the Rule 30(b)(6) designee is binding on the organization, meaning it can be used as evidence against the organization in court.

Taking advantage of Rule 30(b)(6) procedures for this type of deposition prevents “bandying,” where multiple individuals claim ignorance about the same topic. As a result, the Claimant can ensure the government agency provides a complete account of its knowledge.

Sample:

COMES NOW Claimant ______, pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, and hereby requires Plaintiff UNITED STATES OF AMERICA (“the Government”) to designate and produce a person or persons to testify on its behalf at an oral deposition on the following matters designated below. When the identification of documents or other materials is referred to herein it shall include knowledge of the present location and present custodian of such documents or other materials. The deposition will be conducted at ____________________ and is set to start at _______ on ___________, 2025.

Said deposition will be taken pursuant to the Federal Rules of Civil Procedure before a disinterested person authorized by law to administer oaths. The deposition is being taken for purposes of discovery, for use at trial, and for all purposes permitted under the Federal Rules of Civil Procedure. Said deposition will be recorded by video and stenographic means by a court reporter certified to record depositions. The exhibits will be compiled by the deposition officer for the purposes of exhibit stamping, and ultimate production of the final certified transcript.

MATTERS DESIGNATED FOR DEPOSITION

Background Information

  1. The identity of all individuals that you spoke with to prepare to discuss the topics in this deposition.
  2. The subject matter and content of all communications between you and anyone else used to prepare you to discuss the topics in this deposition notice, not including communications containing legal advice from attorneys or legal professionals.
  3. All documents, photographs, videos, pleadings, discovery responses, and/ or written communications you reviewed to prepare to discuss the topics in this deposition notice, not including those containing legal advice prepared by attorneys or legal professionals.
  4. The Government’s written discovery responses in this case.
  5. The Government’s pleadings and defenses in this case.