- 9.7.5 Forms, Processing, and Documentation
- 18.104.22.168 Overview
- 22.214.171.124 Numbering the Seizure
- 126.96.36.199 Criminal Investigation Management Information System
- 188.8.131.52.1 Authorized Seizures Investigation Activity
- 184.108.40.206.2 Closing an Investigation with Approved Seizure Investigative Activity
- 220.127.116.11 Asset Forfeiture Tracking and Retrieval System (AFTRAK)
- 18.104.22.168.1 Obtaining an Asset Forfeiture Tracking and Retrieval System Number
- 22.214.171.124.2 Asset Forfeiture Tracking and Retrieval System Processing
- 126.96.36.199.3 Asset Forfeiture Tracking and Retrieval System Reports
- 188.8.131.52.4 Reports to Congress
- 184.108.40.206.5 Mid-Year and Fiscal Year End Inventories
- 220.127.116.11 Forms and Processing
- 18.104.22.168 Documentation and Maintenance of Seizure/Forfeiture Files
Part 9. Criminal Investigation
Chapter 7. Asset Seizure and Forfeiture
Section 5. Forms, Processing, and Documentation
May 15, 2012
(1) This transmits revised IRM 9.7.5, Forms, Processing, and Documentation.
(1) Subsection 22.214.171.124 is revised to reflect that the Asset Forfeiture Tracking and Retrieval (AFTRAK) system number is no longer issued by Headquarters. The AFTRAK database assigns numbers to seizures and to assets.
(2) Subsection 126.96.36.199 is revised to indicate that the AFTRAK system is a web-based application. The subsection is further updated to indicate how the data is input and managed.
(3) Subsection 188.8.131.52.1 is revised to state that the AFTRAK database assigns numbers to seizures and to assets. The subsection is further updated to indicate an additional seizure number must be obtained when over 99 assets are associated with one seizure number.
(4) Former subsection 184.108.40.206.2 is deleted due to Form 4008, Seized Property Report, being obsolete; all references to Form 4008 have been removed. All subsequent subsections are renumbered sequentially.
(5) Newly numbered subsection 220.127.116.11.4(3) is revised to add "Treasury" to the title of Executive Office for Asset Forfeiture.
(6) Position titles have been updated throughout the section to reflect the new organizational titles that were effective with the October 1, 2011, reorganization of Criminal Investigation.
(7) Additional revisions, deletions, and grammatical changes were made throughout the section, which did not result in substantive changes but contributed to procedural clarity of the subject matter.
Terry L. Stuart for Richard Weber
Chief, Criminal Investigation
This section covers the when, why, how and importance of the accurate and timely tracking of seizure investigations and seized assets.
Seizures are assigned two separate numbers as they are tracked on two separate systems, the Criminal Investigation Management Information System (CIMIS) and the Asset Forfeiture Tracking and Retrieval System (AFTRAK). (The CIMIS number, either a primary investigation (PI) or subject criminal investigation (SCI) with approved seizure activity, tracks time expended on the seizure investigation). The AFTRAK number tracks a specific asset from the date of seizure through the forfeiture and/or disposition process. The AFTRAK database assigns numbers to seizures and to assets (See subsection 18.104.22.168.1).
The CIMIS database tracks the status and progress of criminal investigations and the time expended by special agents. It is used as a management tool that provides the basis for decisions of both local and national scope, see IRM Chapters 9.9, Criminal Investigation Management Information System.
When asset forfeiture is anticipated in an investigation, a special agent must obtain seizure investigation activity authority. This is done by indicating in CIMIS that seizure activity is anticipated in the PI or SCI. Seizure investigation activity authorization must be obtained for any seizure investigation in which Criminal Investigation (CI) participates, even if the lead agency is another Federal, state, or local law enforcement agency, or foreign country.
Authorized seizure activity should be initiated for each specific target of a seizure investigation, and not for each asset that may be subject to forfeiture.
The authority to conduct seizure investigative activities on an authorized investigation is delegated to special agents by the Special Agent in Charge (SAC), pursuant to Delegation Order 9-2 (Formerly Delegation Order 158 (Rev. 2)). This approval authority cannot be re-delegated. By authorizing seizure investigative activities on an authorized investigation (PI or SCI) in the CIMIS database, the SAC delegates his/her authority to conduct seizure investigative activities to special agents.
Seizure investigative activities cannot be authorized without an underlining PI or SCI.
All time expended in connection with the seizure and forfeiture, including time spent identifying and locating assets and their ownership, writing affidavits, consulting with a Criminal Tax Attorney or the Assistant US Attorney, planning, preparing for, and executing seizure warrants, preparing seizure forms and reports, investigating claims and petitions, and participating as necessary through the conclusion of the forfeiture and disposition of the asset(s), should be charged to the corresponding PI or SCI.
The Asset Forfeiture Coordinator's (AFC) time spent on seizure investigations should be charged to the corresponding PI or SCI. The AFC time spent doing inventories, reconciliations, and other administrative work relating to numerous seizure investigations should be charged to an asset forfeiture general investigation (GI).
The approved seizure investigative activity associated with a PI or SCI should remain open until all aspects of the investigation have been completed. Although the special agent may have completed his/her duties in connection with the forfeiture and the associated criminal or primary investigation, the AFC should be consulted before closing the seizure investigative activity. The AFC will be charging time to the investigation through the disposition of the asset(s) and its obligations.
The AFTRAK is a web-based application designed to track assets seized for forfeiture, evidence, and abandonment. The application is used as a management tool internally (locally and nationally) and for external customers of CI.
The AFTRAK data is input and managed by:
Asset Forfeiture Coordinators (AFC)
Alternate Asset Forfeiture Coordinators
Asset Forfeiture Specialists (AFS)
Headquarters Warrants and Forfeiture Analysts
Field Office Budget Analysts
AFTRAK System Manager
The AFTRAK database assigns numbers to seizures and to assets.
The following events require the issuance of an AFTRAK number:
seizure for forfeiture regardless of value
criminal indictment of real property
evidence seizure(s) of property valued at $500 or more, and evidence seizure of currency or firearms regardless of value
property held for abandonment regardless of value
submission of a reverse asset sharing request
An AFTRAK number is issued for real property in a civil judicial forfeiture at the time notice is posted on the property.
Property items seized as evidence that are valued at less than $500 are not tracked on AFTRAK or assigned an AFTRAK number; the AFC must track these items on a field office database, see IRM 9.7.12, Evidence Seizures.
The AFC or AFS will obtain an AFTRAK number for their field office's seizures immediately after one of the events listed above in paragraph (2) occurs.
The standard format for an AFTRAK number is an eight-digit seizure number plus a two-digit asset number. When over 99 assets are associated with one seizure number, an additional seizure number must be obtained. This format must be followed when providing a CI agency seizure (AFTRAK) number to a national seized property contractor.
Multiple assets seized on the same day, from the same location, and owned by the same individual(s) can be tracked under one AFTRAK number. A separate AFTRAK number must be obtained for assets seized on different days, at different locations, or from different owners at the same location.
Within 5 days of the occurrence of any of the events listed in subsection 22.214.171.124.1(2), additions and/or updates to the status of the assets should be made on the appropriate form(s).
The AFTRAK system and processing procedures associated with AFTRAK continue to change. The current forms and procedures can be located on CI Connections in the Warrants and Forfeiture web site.
The AFC is responsible for the accuracy and timeliness of information in AFTRAK for his/her field office. The AFC will be held accountable for discrepancies between the status of an asset and the information on AFTRAK.
The AFC should periodically check the information on AFTRAK by reviewing the various AFTRAK reports available. Errors on AFTRAK should be researched and corrected.
The Secretary of the Treasury is required by statute to submit certain reports to Congress each year concerning the Treasury Forfeiture Fund (TFF). Among the reports required are a complete set of audited financial statements for the TFF (including a balance sheet, income statement, and cash flow analysis that are subject to annual financial audits).
Other required reports include an analysis of income and expenses showing the revenue received or lost by property category (such as general property, vehicles, vessels, aircraft, cash, and real property) and by type of disposition (such as sale, remission, cancellation, or placement into official use, sharing with state and local agencies, and destruction).
In order to prepare the reports to Congress, the Treasury Executive Office for Asset Forfeiture (TEOAF) must compile information from the law enforcement agencies and the US Coast Guard participating in the TFF, including CI.
The IRS is also required by statute to prepare and submit to Congress and the Office of Management and Budget, audited financial statements for each fiscal year.
The information provided by CI to TEOAF and the IRS to prepare the financial statements and other reports to Congress comes from AFTRAK. Therefore, it is imperative that AFTRAK contain accurate and timely information.
Criminal Investigation conducts a one hundred percent physical inventory of seized assets each mid-year and fiscal year end. The inventory is conducted to insure the reliability of AFTRAK and the field office databases. The Chief Financial Officers Act of 1990 requires that a physical inventory be performed to ensure the accuracy of the information used in the financial statements prepared for both IRS and the TFF.
The process of preparing the financial statements begins with the field offices performing their inventories. The AFC is responsible for the physical inventory of all seized assets.
Prior to March 31 and September 30 of each year, Warrants and Forfeiture will send a memorandum with detailed inventory instructions to all SACs and AFCs.
The accurate and timely preparation, review, and processing of seizure and forfeiture forms, memoranda, and correspondence is the responsibility of the AFC. However, these duties are authorized for and generally performed by the AFS with oversight from the AFC.
Electronic versions of all the seizure and forfeiture forms discussed are exhibited in IRM Chapter 9.7, Asset Seizure and Forfeiture, and available on CI Connections in the Warrants and Forfeiture web site.
Samples of letters, notices, claim forms and memoranda are discussed and exhibited in IRM Chapter 9.7, Asset Seizure and Forfeiture, and on CI Connections in the Warrants and Forfeiture web site.
Processing procedures are contained in IRM Chapter 9.7, Asset Seizure and Forfeiture. Processing procedures are also in TEOAF Directives, guides and policy memoranda on CI Connections in the Warrants and Forfeiture web site.
The AFC will establish and maintain a seizure/forfeiture file for each seizure separate from any investigative file. The seizure/forfeiture files are subject to the same records retention and management requirements as investigative files, see IRM 1.15.30, Records Control Schedule for CI.
The AFS's primary duties include documentation and maintenance of the seizure/forfeiture files with oversight from the AFC.
The seizure/forfeiture file must contain the required forms and sufficient information to document and support the actions in the seizure and forfeiture process from pre-seizure through final disposition and equitable sharing.
Most field offices use some type of a checklist, cover or control sheet to ensure the seizure/forfeiture file is properly documented and maintained.