When discovery ends, a party may move for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. (B) After disposing of any motion filed under Rule 32.2(c)(1)(A) and before conducting a hearing on the petition, the court may permit the parties to conduct discovery in accordance with the Federal Rules of Civil Procedure if the court determines that discovery is necessary or desirable to resolve factual issues. For purposes of the motion, the facts set forth in the petition are assumed to be true. (A) In the ancillary proceeding, the court may, on motion, dismiss the petition for lack of standing, for failure to state a claim, or for any other lawful reason.

(1) If, as prescribed by statute, a third party files a petition asserting an interest in the property to be forfeited, the court shall conduct an ancillary proceeding but no ancillary proceeding is required to the extent that the forfeiture consists of a money judgment. (c) Ancillary Proceeding Final Order of Forfeiture. (4) Upon a party's request in a case in which a jury returns a verdict of guilty, the jury shall determine whether the government has established the requisite nexus between the property and the offense committed by the defendant. The court may include in the order of forfeiture conditions reasonably necessary to preserve the property's value pending any appeal. At sentencing-or at any time before sentencing if the defendant consents-the order of forfeiture becomes final as to the defendant and shall be made a part of the sentence and included in the judgment. (3) The entry of a preliminary order of forfeiture authorizes the Attorney General (or a designee) to seize the specific property subject to forfeiture to conduct any discovery the court considers proper in identifying, locating, or disposing of the property and to commence proceedings that comply with any statutes governing third-party rights. Determining whether a third party has such an interest shall be deferred until any third party files a claim in an ancillary proceeding under Rule 32.2(c). (2) If the court finds that property is subject to forfeiture, it shall promptly enter a preliminary order of forfeiture setting forth the amount of any money judgment or directing the forfeiture of specific property without regard to any third party's interest in all or part of it. The court's determination may be based on evidence already in the record, including any written plea agreement or, if the forfeiture is contested, on evidence or information presented by the parties at a hearing after the verdict or finding of guilt. If the government seeks a personal money judgment against the defendant, the court shall determine the amount of money that the defendant will be ordered to pay.

If forfeiture of specific property is sought, the court shall determine whether the government has established the requisite nexus between the property and the offense. (1) As soon as practicable after entering a guilty verdict or accepting a plea of guilty or nolo contendere on any count in an indictment or information with regard to which criminal forfeiture is sought, the court shall determine what property is subject to forfeiture under the applicable statute. (b) Entry of Preliminary Order of Forfeiture Post Verdict Hearing. A court shall not enter a judgment of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence in accordance with the applicable statute. Jump To: Source Credit Amendments References In Text Rule 32.2.

First forfeiture bill of particulars