Skip to main content

Asset Forfeiture: Need for Stronger Marshals Service Oversight of Commercial Real Property

GGD-91-82 Published: May 31, 1991. Publicly Released: May 31, 1991.
Jump To:
Skip to Highlights

Highlights

GAO reported on various aspects of the Department of Justice's (DOJ) and the U.S. Customs Service's asset forfeiture programs.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Justice To improve operations of the asset forfeiture program and better ensure USMS district office compliance with policies and procedures, the Attorney General should direct the Executive Office for Asset Forfeiture to meet with officials of all components participating in the DOJ asset forfeiture program to update and expand the 1984 memorandum of understanding to clarify the roles of the investigative agencies, USMS, and AUSA in pre-seizure planning. The updated memorandum should clearly delineate who is to obtain title search information and notify USMS of upcoming seizures.
Closed – Implemented
USMS recently made a number of changes to its 1984 memorandum of understanding to more clearly identify the responsibilities of each participating agency.
Department of Justice To improve operations of the asset forfeiture program and better ensure USMS district office compliance with policies and procedures, the Attorney General should ensure that information such as title search reports, estimated market value, and potential government revenue is available for consideration in making the decision to seize property and is included on the order for seizure.
Closed – Implemented
GAO concern was that the necessary information was obtained and considered before seizure. According to USMS, it is department policy to review all financial data prior to seizure. However, the agency does not believe it appropriate to include such information on the order for seizure because courts should not consider economic benefit when ordering seizures.
United States Marshals Service The Director, USMS, should develop a training program for NASAF personnel with real property management responsibilities to address duties and responsibilities, including commercial property management and oversight of property managers.
Closed – Implemented
USMS has worked with real estate management experts to develop new courses including one on monitoring real property contracts.
United States Marshals Service The Director, USMS, should link annual program review coverage to the USMS annual agency-wide assessment of program risk.
Closed – Implemented
During annual program reviews, particular attention is given to those areas previously identified in the USMS agency-wide risk assessment.
United States Marshals Service The Director, USMS, should direct U.S. Marshals to: (1) make a formal written response to findings and recommendations included in program management reviews and specify what recommendations will be implemented, and how; and (2) set up a timetable for implementing the recommendations.
Closed – Implemented
The Marshal is not required to make a written response to program reviews. Recommendations that are not implemented while the review team is there are passed on to the USMS internal review group who follows up on them during their office-wide review.
United States Marshals Service The Director, USMS, should direct NASAF regions to follow up periodically on the progress of districts in implementing program review recommendations and report the progress to the Chief, USMS Seized Asset Division.
Closed – Implemented
The agency follows up on recommendations through the USMS internal review process. In addition, copies of program management reviews are sent to both the NASAF regional office and the Chief, USMS Seized Asset Division.
United States Marshals Service The Director, USMS, should develop contract compliance review guidelines that include commercial property management contracts.
Closed – Implemented
Guidelines were completed and a schedule was established for conducting contract compliance reviews.
United States Marshals Service The Director, USMS, should develop standards for the oversight of property managers by districts and require districts to perform oversight activities.
Closed – Implemented
In addition to the new course on monitoring real property contracts, meetings between district representatives and procurement will encompass oversight responsibilities.
United States Marshals Service The Director, USMS, should require that all property managers have contracts and that all contracts incorporate an effective oversight strategy.
Closed – Implemented
It has always been the agency's policy that all property managers have written contracts. To emphasize the importance and increase the understanding of contracts, district representatives have met and will continue to periodically meet with procurement officials.

Full Report

Office of Public Affairs

Topics

AppraisalsAssetsFederal property managementGovernment collectionsInteragency relationsInternal controlsLaw enforcement agenciesManagement information systemsPolicy evaluationSearch and seizure