Extension of Time to File
Pursuant to Title 18 U.S.C. 983(a)(3)(A), the government is required to file a complaint in forfeiture 90 days after a claim has been filed or, if no complaint is filed, the agency must release the property. The statute also provides that the Court may extend the time for good cause shown or by agreement of the parties.
For this reason, the Assistant United States Attorney (AUSA) might request an extension of time to file a complaint after a claim is file in a civil asset forfeiture cases involving the seizure of U.S. Currency or other property.
Attorney on the AUSA’s Request for Extension of Time
At Sammis Law Firm, we often file the verified claim immediately after the seizure takes place without waiting for the notice of seizure to arrive in the mail. After we locate the 60-day notice of seizure, we then file a post-notice verified claim.
The AUSA sometimes asks us to extend that 90 day deadline after the verified claim is deemed filed. If the AUSA does not have good cause, we object.
We often team up with attorneys throughout the country to litigate these cases. Contact us to see how we handle civil asset forfeiture cases in Florida and throughout the county.
Call 813-250-0500.
The 90 Day Deadline in Title 18 USC 983(a)(3)(A)
Title 18 USC 983(a)(3)(A) reads:
Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the matter set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties.
That 90-day deadline is triggered when the Claimant files a claim contesting the forfeiture and alleging ownership of the currency seized by the DEA agent (or other law enforcement officers or federal agents). The agency is required to refer the case to the United States Attorney’s Office in the appropriate district.
You do not have to wait for the 60-day notice to arrive to file the claim. In fact, the verified claim can be filed the same day as the seizure.
When seeking an extension of time, the AUSA will file a motion explaining when the 90 day deadline for filing a civil complaint in the above-described matter is scheduled to expire.
If the parties have entered into ongoing negotiations, but the negotiations require additional time to be finalized, then they might agree to an extension of time in order to minimize duplication of efforts and to coordinate an on-going investigation and the pending-civil deadline.
For this reason, the United States might request to extend the time for filing its complaint in order to obtain a complete resolution of the seized assets.
The Local Rules often require the AUSA to contact the Claimant(s) in order to secure their agreement and acknowledge that they have no objection to the requested deadline extension.
Propose Order for Extension of Time
A proposed order is usually provided with the motion. The proposed order might provide:
UNITED STATES DISTRICT COURT
________ DISTRICT OF FLORIDA
CASE. No. :_______________________
IN RE: SEIZURE OF: $_______
IN U.S. CURRENCY SEIZED
FROM ______ ON _________
____________________________________/
ORDER
ORDER THIS CAUSE is before the Court upon the United States’ Agreed Motion To Extend Time In Which To File Complaint.
Having considered this matter and being duly advised in the premises, the Court finds that all the respective parties have agreed to extend the time to file a forfeiture complaint against the above property.
Accordingly, it is hereby: ORDERED AND ADJUDGED that the United States’ Agreed Motion To Extend Time In Which To File a Complaint is GRANTED.
The United States shall have until ______, in which to file its forfeiture complaint in this matter.
DONE AND ORDERED in Chambers at _______, this _____ day of _____, 2020.
______________
THE HONORABLE _________
U.S. MAGISTRATE JUDGE
This article was last updated on Thursday, August 1, 2024,
