In Re: Matter of Certain Administrative and Civil Forfeiture Proceedings

Filing 8

ORDER granting 1 Motion to Extend Certain Statutory Deadlines for Administrative and Civil Judicial Asset Forfeiture Proceedings and Actions Signed by Magistrate Judge Stephen L. Crocker on 4/28/2020. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
IN RE: MATTER OF CERTAIN
ADMINISTRATIVE AND CIVIL
FORFEITURE PROCREEDINGS.

Case No. 20-MC-02

ORDER EXTENDING CERTAIN STATUTORY DEADLINES FOR
ADMINISTRATIVE AND CIVIL JUDICIAL ASSET FORFEITURE PROCEEDINGS
AND ACTIONS

The United States has applied, pursuant to 18 U.S.C.

§

983, for an Order granting

a 60-day blanket extension of the statutory deadlines by which the government is
required to (1) commence administrative forfeiture proceedings against seized
property; and (2) commence civil judicial forfeiture actions following submission of
timely administrative claims in such proceedings. Good cause appearing therefor, and
for the reasons stated below, the government's application is GRANTED.
On March 13, 2020, President Trump declared a national emergency, effective as
of March 1, 2020, due to the Novel Coronavirus Disease ("COVID-19") pandemic. 1 As
noted in this Court's Amended General Order No. 20-02 (filed March 17, 2020), "[t]he
Centers for Disease Control and Prevention (" CDC") and other public health authorities
have advised the taking of precautions to reduce the possibility of exposure to the virus
and slow the spread of the disease," 2 To allow federal employees to engage in social

On March 29, 2020, the President extended the period of recommended social distancing and
non-essential activity through the end of April.
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Locally, Governor Tony Evers declared a public health emergency on March 12, 2020. On
March 24, 2020, the Wisconsin Department of Health Services issued a Safer at Home Order
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distancing to slow the spread of the virus, on March 15, 2020, U.S. Attorney General
William Barr implemented a "maximum telework" policy, which includes all DOJ law
enforcement components. Similar orders were issued by the Departments of Homeland
Security and Treasury. As a result, virtually all asset forfeiture personnel working in
the headquarters facilities of the Agencies in and around Washington, D.C. are
teleworking, as are the overwhelming majority of the attorneys and staff at the U.S.
Attorney's Office in this district.
As explained in the government's application and supporting declaration, the
COVID-19 disease has continued to spread, and it is becoming increasingly difficult,
and soon may be impossible, for the Agencies to carry out their responsibilities for
processing thousands of pieces of time-sensitive mail, providing timely, direct written
notice to thousands of potential claimants, and making the necessary referrals to the
U.S. Attorney's Offices across the country.
The government agencies with adminish·ative forfeiture authority (collectively,
the "Agencies") include the Federal Bureau of Investigation ("FBI"), Drug Enforcement
Administration ("DEA"); the Bureau of Alcohol, Tobacco, Firearms & Explosives
(" ATF"); Customs and Border Protection (" CBP"), which is also responsible for
processing seizures by Immigration and Customs Enforcement/Homeland Security

(Emergency Order No. 12), which requires everyone stay at their home or place of residence
except under limited circumstances. The Wisconsin Department of Health Services extended
the Safer at Home Order (Emergency Order No. 28) through May 26, 2020. This Court has
adopted a set of emergency practices in its Administrative Orders 362 - 364. Under these
orders, the Court suspended all jury trials through May 18, 2020 and in-person hearings to the
fullest extent possible.

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Investigations ("HSI"); U.S. Border Patrol; the U.S. Secret Service ("USSS"); Internal
Revenue Service - Criminal Investigation ("IRS-CI"); and the United States Postal
Service ("USPS"). On an annual basis, the Agencies initiate and process tens of
thousands of administrative forfeitures. Those efforts generate massive amounts of
paperwork, and require regular, close physical interaction among office personnel in
each Agency's headquarters office to prepare notice letters, correction letters, denial
letters, the mailing envelopes for all of those letters, and the preparation of notice by
publication for each targeted asset on the government's dedicated forfeiture website
(www.forfeiture.gov).
In addition, Agency employees and contractors physically handle large volumes
of mail from the public on a daily basis, including hand-written letters, claims, petitions
for remission or mitigation, and requests for reconsideration. Although the seizing
Agencies are capable of processing claims and petitions submitted electronically, the
overwhelming majority of all submissions (approximately 85%) still come through the
mail. The submission of timely administrative claims requires the Agencies to refer
those matters to the U.S. Attorney's Offices across the country, and trigger separate
deadlines relating to the filing of judicial forfeiture actions in the district courts. The
government has requested a blanket 60-day extension of those 90-day filing deadlines
as well.
The Court finds that the working conditions described in the government's
application are inconsistent with the social distancing guidelines of the CDC and other
health and public safety officials, the government's own guidelines for workplace
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safety, and the explicit requirements of mandatory declarations of state and local
governments in the Western District of Wisconsin.
The Agencies have certified to the Court that in light of the COVID-19 pandemic,
their compliance with the 60 and 90-day statutory deadlines for commencing
administrative forfeiture with respect to federal and adoptive seizures, respectively, is
likely to endanger the life or physical safety of the government employees and
contractors responsible for carrying out the duties of the Agency administrative
forfeiture programs, as described at 18 U.S.C. § 983(a)(l)(A)(i), justifying the extension
of those deadlines pursuant to 18 U.S.C. § 983(a)(l)(C). Specifically, the government has
demonstrated that that the ongoing national emergency triggered by the pandemic, and
the resulting need for social distancing and heightened controls on physical contact
with objects that may present a risk of contamination, constitute good cause for a
finding that requiring the noticing of seizures and referral of claims may endanger the
life or health of the government asset forfeiture attorneys and staff (at both the Agencies
and the U.S. Attorney's Offices) responsible for reviewing cases, issuing notices, and
processing submitted claims and petitions. All of these factors support an order
pursuant to§ 983(a)(l)(C) and (3)(A) granting the 60-day blanket extensions described
herein.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that (1) for all
federal seizures of property that occurred or will occur in the Western District of
Wisconsin between February 3, 2020, and April 30, 2020, the deadline established by 18
U.S.C. § 983(a)(l)(A)(i) for any seizing Agency to commence administrative forfeiture
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proceedings against such property shall be and hereby is extended for a period of 60
days; (2) for all seizures of property by state or local law enforcement agencies in the
Western District of Wisconsin between January 3, 2020, and April 30, 2020, which
seizures are thereafter federally adopted, the deadline established by 18 U.S.C. §
983(a)(1)(A) (iv) for the adopting Agency to commence administrative forfeiture
proceedings against such property shall be and hereby is extended for a period of 60
days; and (3) the 90-day deadline established at 18 U.S.C.

§

983(a)(3)(A) for the filing of

a civil forfeiture complaint (or inclusion of an asset in a criminal indictment) following
an Agency's receipt of a timely administrative claim between February 3, 2020, and
April 30, 2020, is hereby extended to 150 days instead of the statutory 90-day period. To
the extent that any Agency executed a 30-day extension of any administrative notice
deadline pursuant to 18 U.S.C. § 983(a)(1)(B) on or before March 31, 2020, the deadline
for the sending of the required notice is extended for 60 days from the current deadline.
In accordance with the provisions of 18 U.S.C.

§

983(a)(1)(C), further extensions

of no more than 60 days each may be granted as necessary, upon an appropriate
showing.

SO ORDERED this 1.tli day of April 2020.

Sli~

STEPHEN L. CROCKER
United States Magistrate Judge

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