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Attorney for International Seizures in the United States

Government attorneys and federal agencies seize forfeitable assets located outside the United States. Many of these seizures involve assistance from the DOJ’s Asset Forfeiture and Money Laundering Section’s (AFMLS’s) International Programs Unit (IPU), the Office of International Affairs (OIA), the Diplomatic Security Services of the U.S. Marshals Service (USMS), the Department of Homeland Security (DHS) and the Department of Treasury’s Executive Office of Asset Forfeiture (TEOAF).

The first step in these seizures is identifying property that might become subject to a U.S. forfeiture judgment. The procedures used to seize the property are based on the treaty obligations and the operation of foreign domestic law.

The seizures for forfeiture of property located overseas often involve coordination with foreign investigations. The Office of International Affairs (OIA) makes formal requests for legal assistance from foreign governments.

When a federal agency in the United States attempts a seizure for forfeiture, it must provide notice to the Claimant and publish notice as required by Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. For international seizures, the U.S. agency must also publish the notice abroad in compliance with the requirements requested by the foreign government providing assistance.

In cases where a foreign government has restrained or seized assets based upon a formal U.S. request, prosecutors must consult an AFMLS IPU attorney or the OIA attorney handling the case before seeking repatriation of those assets. Further, federal prosecutors and investigators should always consult with an

Under 21 U.S.C. § 853(e)(4), the federal prosecutor should consult with an OIA attorney or AFMLS IPU attorney before agreeing with a defendant to repatriate criminally derived assets from abroad or seeking an order actually compelling the repatriation of specific assets, even when not restrained by the foreign government.

Seizing Assets from Any Foreign Bank’s Correspondent Accounts

18 U.S.C. Section 981(k) authorizes the United States to seize and forfeit property held in bank accounts located outside of the United States by permitting the seizure and forfeiture of an equivalent amount of funds from any correspondent/interbank account that the foreign financial institution holds in the United States. Those seizures must be formally approved by the AFMLS in consultation with the appropriate officials from OIA, the Department of the Treasury, and the Department of State.

Section 981(k) requests to seize assets from a foreign bank account require:

  1. no applicable treaty, agreement, or legal process in the foreign nation that would allow it to restrain, seize, or forfeit the target assets for the United States;
  2. a treaty or agreement in force, but the foreign nation does not recognize the U.S. offense that gives rise to forfeiture;
  3. a treaty or agreement in force, and despite its treaty obligation, in the past, the foreign nation has failed to provide forfeiture assistance, or provided untimely or unsatisfactory forfeiture assistance;
  4. a treaty or agreement in force, but the foreign nation has no domestic enabling legislation that would permit it to execute U.S. forfeiture orders or judgments fully; or
  5. another significant reason that justifies the use of section 981(k) including:
    • corruption within the foreign government that may compromise the execution of a treaty request; or
    • the inability to repatriate or return victim money to the United States after forfeiture.

Forfeiture of assets located abroad must be initiated as part of a pending criminal case or judicial civil forfeiture action. Federal law does not allow the administrative forfeiture of property that is not physically located in the United States or its territories.

Seizing Cryptocurrency from an Exchange for Forfeiture

When cryptocurrency is held in an account or wallet hosted by a U.S.-based virtual asset service provider (VASP), such as an institutional exchange, the seizing agency should obtain and serve a seizure warrant on the service provider.

Because most VASPs are located outside the United States, most are classified as international forfeitures. The seizure of cryptocurrency in wallets at foreign-located VASPs follows the standard process for seizing assets located overseas.

The DOJ’s Money Laundering and Asset Recovery Section (MLARS) has examples of warrants for cryptocurrency.

Additional Resources:

Chapter 10 of DOJ’s Asset Forfeiture Policy Manual (“International Forfeiture”) – Find additional information about international seizures for forfeiture.

Chapter 9-111.700of the U.S. Attorneys’ Manual on International Seizures for Forfeiture –

This article was last updated on Friday, June 20, 2025.