How the “Notice of Forfeiture” is Published
Visit the Forfeiture.gov website to find the public notices of forfeiture or search for a specific public notice. In the past, the notices of forfeiture actions were published in the newspaper, now those notices are published on a government internet site.
Today, the rules allow for the online publication of forfeiture notices as provided in:
- Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure; or
- 28 CFR Part 8.9, Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.
The Asset Forfeiture Management Staff (AFMS) of the Department of Justice (DOJ) manages the government’s website that contains a list of pending forfeiture notices.
The government’s website also explains how to file a claim for immediate court action to get the property back as quickly as possible.
Talk with us about the reasons to hire an attorney to make sure the claim is filed properly and to increase the odds that all of the money or property is returned.
Attorneys on Notice Requirements in Forfeitures
If you received a Notice of Seizure letter in the mail, do not attempt to file a petition until you speak with an attorney about the pros and cons of that approach.
Find out what the attorneys at Sammis Law Firm always recommend retaining an attorney to file a claim for judicial or court action. Filing the claim quickly forces the agency to turn the case over to the U.S. Attorneys Office.
The filing of the claim starts a 90-day deadline to either give the property back or file a forfeiture action in federal court within 90 days.
If the United States Attorney’s Office doesn’t file the claim in time, then your attorney can file a complaint to get the money back with interest, costs, and attorney fees.
Contact us to find out more about what the notice of seizure for forfeiture means and how to beat civil asset forfeiture.
Call 813-250-0500.
Requirements for Notice in Federal Civil Asset Forfeiture Cases
As a general rule, forfeiture actions require that the United States publish notice publicly as well as serve notice directly upon “any person who reasonably appears to be a potential claimant.” Fed. R. Civ. P. Supp. R. G(4)(a), (b).
Posting a Notice on Forfeiture.gov
The first way to provide public notice is by publication on an official government forfeiture site for at least thirty consecutive days. Fed. R. Civ. P. Supp. R. G(4)(a)(iv)(C).
The notice must “describe the property with reasonable particularity,” state the deadline to file a claim and to answer, and name the government attorney to be served with the claim and answer. Fed. R. Civ. P. Supp. R. G(4)(a)(ii).
To satisfy these requirements, after filing the Amended Complaint, the United States must post notice of this action on www.forfeiture.gov for thirty consecutive days. To comply with the notice requirements, the notice must:
- properly describe the property;
- explain that any claimant had sixty days from the date of publication to file a verified claim and answer with the Court;
- directed claimants to serve any claim and answer on a designated Assistant United States Attorney.
When those requirements are met, the Court may find that the United States properly published notice of the forfeiture.
Direct Service of Personal Notice
As for direct service of a personal notice, the United States “must send notice of the action and a copy of the complaint to any person who reasonably appears to be a potential claimant . . . by means reasonably calculated to reach the potential claimant.” Fed. R. Civ. P. Supp. R. G(4)(b)(i), (iii)(A).
The direct service rule requires only that the government attempt to provide actual notice, although it does not necessarily require that the government demonstrate that it was successful in providing actual notice. See United States v. $1,071,251.44 of Funds Associated with Mingzheng Int’l Trading Ltd., 324 F. Supp. 3d 38, 47 (D.D.C. 2018).
The rules are particularly lax for civil asset forfeiture cases involving cryptocurrency because the courts might allow service via email. The courts have found that service via email might constitute a valid form of service, particularly where the potential claimants are “international . . . whose locations are hard to pin down.” United States v. Twenty-Four Cryptocurrency Accounts, 473 F. Supp. 3d 1, 6 (D.D.C. 2020).
In forfeiture cases involving cryptocurrency, the United States might trace the path of the stolen funds and identify potential claimants. The United States can then obtain email addresses from the exchanges that hosted the cryptocurrency.
The United States might then email notice to those email addresses. In many cases, the emails might be returned as undeliverable. Even in those cases, the United States might argue it only needs to show an attempt to provide actual notice, not that it succeeded.
Read more about the unique issues for seizures of forfeiture of cryptocurrency.
Federal Agencies that Seize Property for Forfeiture
The following federal agencies seize property for forfeiture including:
- CBP – U.S. Customs and Border Protection
- HSI – Homeland Security Investigations (under CBP)
- DEA – Drug Enforcement Administration
- ATF – Bureau of Alcohol, Tobacco, Firearms and Explosives
- FBI – Federal Bureau of Investigation
- USPIS – U.S. Postal Inspection Service
- IRS – Internal Revenue Service
- USAO – U.S. Attorney’s Office
Additional Resources
Search for a Notice of Forfeiture – Visit the notice search feature found on www.forfeiture.gov, managed by the Department of Justice to find the Public Search Notices. Enter the search criteria including keywords or various filters. For instance, you can use the Notice Letter ID by clicking on the link for petitions or claims. You can also search by Notice Letter ID after the online filing process has begun.
This article was last updated on Friday, October 3, 2025.