In Rem Warrant of Arrest
If the Assistant United States Attorney files a “Verified Complaint for Forfeiture In Rem” they also often file an application for a “Warrant of Arrest In Rem.” The phrase “in rem” means “power against the thing.” Jurisdiction in rem assumes the property is the object of the action and not a person associated with the property. The warrant for arrest in rem can only be issued by the Court upon a finding of probable cause based on facts contained in an affidavit or a verified complaint as explained in Local Admiralty Rule 7.03.
If approved by the Court, then a “warrant of arrest in rem” is issued by the Clerk of the U.S. District Court under Rule C, Supplemental Rules for Certain Admiralty and Maritime Claims, pursuant to a complaint for forfeiture brought by the U.S. Attorney, in a case brought by the federal government.
If the court finds probable cause to issue an in rem arrest warrant, then the clerk of the court must give the warrant to an authorized entity to execute or serve. In most cases, the United States Marshall’s Service will serve the in rem arrest warrant. If the property was originally seized by an agent with the Department of Homeland Security or a complaint for forfeiture originated with the Department of Homeland Security, the warrant in rem or notice of the complaint may be executed by a U.S. Customs agent.
Attorney for the Warrant of Arrest in Rem
If your property was seized for forfeiture by a law enforcement officer with the FBI, Customs and Border Protection (CBP), or Homeland Security Investigations (HSI), then contact forfeiture attorney Sebastian Rucci. He can help you file a verified claim immediately after the seizure without having to wait for the 60-day notice to arrive in the mail. We can also help you present information to the agency holding the property to convince them to return within the 90-day deadline triggered by your verified claim. Often other attorneys contact attorney Sebastian Rucci about working with them as co-counsel on a civil asset forfeiture case.
When done correctly, your attorney can force the Assistant United States Attorney to either return the property or file their complaint in court within 90 days of the taking. If the government fails to take appropriate action, then we can help you file a complaint to get the money back immediately along with a demand that the government pay your reasonable attorney fees and costs.
In the event the Government files its own “Verified Complaint for Forfeiture In Rem” and an application for a “Warrant of Arrest In Rem” within their 90-day deadline, then our forfeiture attorneys can help you file a “Statement of Right or Interest” and Answer, or a Motion to Dismiss the Government’s Verified Complaint with the appropriate Office of the Clerk, United States District Court
Federal asset forfeiture actions are not a good do-it-yourself project. You need an experienced attorney to challenge the taking. Your failure to follow the requirements set forth above may result in the forfeiture taking place, or a judgment by default being taken against you for the relief demanded in the Government’s Verified Complaint. For this reason, you should seek legal advice to protect your interests at every stage of the case beginning on the same day that your money or property is seized.
Attorney for the Warrant of Arrest in Rem
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USA Complaint for Forfeiture In Rem
If the AUSA is aware of any party that filed a claim then they file a Notice of Complaint for Forfeiture In Rem and ask a claimant to acknowledge service.
The notice explains that pursuant to Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Due Process Clause of the Fifth Amendment of the United States Constitution, the United States Assistant (AUSA) must give notice of the action to anyone who has asserted a claim.
The notice includes a disclosure that a Verified Complaint for Forfeiture was filed in the above-styled action in the appropriate United States District Court against certain property as set forth in the caption of the case; the cause of action alleges violations of 21 U.S.C. § 801 et seq.; and that defendant property is subject to seizure and forfeiture pursuant to 21 U.S.C. $ 881(a)(6).
In essence, the notice explains that the United States of America filed …