Written by Zachary Newland, Founding Partner. Last updated August 12, 2026

Remission or Mitigation of Forfeiture: How to Recover Seized Federal Property

On This Page

• What Is at Stake When the Government Seizes Your Property
• Remission or Mitigation of Forfeiture Defined
• How Remission and Mitigation Work Under Federal Law
• Remission vs. Mitigation: Key Differences
• Steps to Take After Federal Agents Seize Your Property
• How Evergreen Attorneys Can Help With Federal Asset Forfeiture
• Frequently Asked Questions

What Is at Stake When the Government Seizes Your Property

When federal agents seize cash, vehicles, real estate, or business accounts, the loss is immediate and the government’s path to permanent forfeiture is fast. If you are the owner, a lienholder, or a crime victim with a claim to forfeited property, your window to act is measured in days, not months. Missing a deadline to file a petition for remission of forfeiture or a claim contesting the seizure can eliminate your ability to recover that property permanently.

The consequences extend beyond the seized asset itself. In cases involving federal fraud crimes and related forfeiture exposure, forfeiture strategy is inseparable from criminal defense strategy. A misstep in one can undermine the other. Understanding remission or mitigation of forfeiture, and how these administrative remedies fit alongside court challenges and plea negotiations, is critical for anyone facing federal property seizure.

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Remission or Mitigation of Forfeiture Defined

Remission or mitigation of forfeiture is an administrative process through which the federal government may return all or part of forfeited property to an eligible owner, lienholder, or crime victim, even after the forfeiture itself is legally complete. These remedies are governed by 28 C.F.R. Part 9 regulations governing remission and mitigation of forfeitures, which apply to administrative, civil judicial, and criminal judicial forfeitures alike.

A petition for remission or mitigation is not a legal challenge to the forfeiture. It is a written request asking the Attorney General or the seizing agency to exercise discretion and pardon the property from forfeiture. Congress granted the Attorney General broad authority over these decisions, and under DOJ policy, remission and mitigation determinations are generally not subject to judicial review.

This distinction matters. Filing a claim to contest the forfeiture in court and filing a petition for remission or mitigation are separate remedies with different deadlines, different standards, and different strategic implications. Understanding when to pursue one, the other, or both requires careful analysis of your ownership interest, any criminal exposure you may face, and the government’s forfeiture theory.

How Remission and Mitigation Work Under Federal Law

The procedural framework for a petition for remission of forfeiture is set out in 28 C.F.R. Part 9 and further explained by the DOJ Justice Manual § 9-121.000 on remission, mitigation, and restoration of forfeited properties. The process differs depending on whether the forfeiture is administrative or judicial.

Administrative Forfeiture Petitions

In administrative forfeitures, the seizing agency (such as the DEA, FBI, or IRS) handles the forfeiture without court involvement. Under 28 C.F.R. § 9.3, a petition for remission or mitigation must generally be filed within 30 days of receiving the notice of seizure or by the deadline stated in the notice. The petition must include a description of the property, the time and place of seizure, documentation of the petitioner’s interest, and a statement of all facts supporting the request for relief.

If no petition or claim is filed, the agency can declare the property forfeited by default and dispose of it. Once that happens, the opportunity for remission or mitigation is effectively closed.

Judicial Forfeiture Petitions

In civil and criminal judicial forfeitures, the forfeiture proceeds through a federal court. Petitions for remission or mitigation in judicial cases are addressed to the Attorney General and typically routed through the appropriate U.S. Attorney’s Office. The criteria under 28 C.F.R. § 9.5 still apply, but the petition exists alongside, not as a substitute for, the court litigation. This means a property owner may need to decide whether to file a claim in court, a petition for remission, or both.

Criteria for Granting Relief

Under 28 C.F.R. § 9.5, a petitioner seeking remission must generally demonstrate a valid, good-faith, legally cognizable ownership or lienholder interest in the property and innocence with respect to the conduct that gave rise to the forfeiture. The petitioner must show that they did not know, and had no reason to know, that the property was involved in illegal activity.

Mitigation applies a different standard. It allows partial relief when remission criteria are not fully met but equitable factors, such as extreme hardship, justify returning some or all of the property. Mitigation is often conditioned on a monetary payment or restrictions on how the returned property may be used.

For crime victims, 28 C.F.R. §§ 9.7 and 9.8 establish a priority system for distributing forfeited proceeds among owners, lienholders, federal banking regulators, and victims. Victim remission is capped under 18 U.S.C. § 981(e)(6) and 28 U.S.C. § 524(c) at the victim’s share of net proceeds from forfeitures associated with the activity that caused the loss.

Remission vs. Mitigation: Key Differences

The difference between remission and mitigation of forfeiture is often misunderstood. Both are discretionary, but they serve different purposes:

• Remission is designed to restore property or its full value to innocent owners and lienholders who meet all eligibility criteria under 28 C.F.R. § 9.5.
• Mitigation provides partial relief when the petitioner cannot satisfy every remission requirement but demonstrates equitable grounds for some return of property.
• Remission results in the government releasing the property or paying its value without conditions beyond proving eligibility.
• Mitigation often imposes conditions, such as requiring the petitioner to pay a portion of the property’s value or accept limitations on the property’s future use.
• Neither remedy is subject to judicial review under current DOJ policy, making the quality of the petition and supporting documentation the decisive factors.

Because both remedies are entirely discretionary, a strong factual presentation supported by thorough documentation is essential. Petitioners who submit incomplete or poorly organized petitions risk losing property they might otherwise recover.

Evergreen Attorneys won 9-0 in the U.S. Supreme Court in United States v. Hemani in June 2026.

Steps to Take After Federal Agents Seize Your Property

If federal agents have seized your property, the following steps can help preserve your options for remission or mitigation of forfeiture and for contesting the seizure in court:

1. Read the notice of seizure carefully and identify every deadline. In administrative forfeitures, you typically have 30 days from receipt of the notice to file a petition for remission or mitigation under 28 C.F.R. § 9.3 or a claim to contest the forfeiture in court.
2. Gather documentation of your ownership or lienholder interest immediately: titles, deeds, loan agreements, bank records, receipts, and any other evidence showing your lawful connection to the property.
3. Do not make statements to federal agents about the property or the underlying investigation without consulting federal defense counsel. Anything you say can affect both the forfeiture proceeding and any criminal investigation.
4. Determine whether to file a claim contesting the forfeiture, a petition for remission or mitigation, or both. This decision has strategic consequences that depend on your criminal exposure, the strength of the government’s forfeiture theory, and whether you need to preserve arguments for court. Learn more about federal asset forfeiture and how to contest property seizures.
5. Prepare a detailed petition that addresses every requirement in 28 C.F.R. Part 9: property description, seizure details, proof of interest, and a factual narrative supporting innocence or equitable grounds for relief.
6. Coordinate your forfeiture strategy with your overall defense. In cases involving parallel criminal charges, the timing and content of a remission petition can affect plea negotiations, sentencing, and the reality of federal restitution and asset seizure.

How Evergreen Attorneys Can Help With Federal Forfeiture Cases

Evergreen Attorneys represents property owners, lienholders, and defendants in federal asset forfeiture matters across the country. The firm’s federal criminal defense attorneys can evaluate whether a petition for remission or mitigation, a court challenge, or a coordinated combination of both gives you the strongest position to recover seized property.

This work requires more than filling out forms. Zachary Newland, who has appeared as counsel of record in more than 120 federal cases since 2016, understands how forfeiture strategy intersects with federal investigations, plea negotiations, and sentencing. The firm can assemble the documentation required by law, build the factual record supporting your innocence or hardship, and ensure that your forfeiture petition does not create unintended consequences in a related criminal case.

Forfeiture, restitution, and sentencing often overlap in complex federal fraud, drug, and firearms cases. Evergreen Attorneys coordinates across all of these areas so that protecting your assets does not compromise your defense, and defending your liberty does not sacrifice your property.

Frequently Asked Questions

What is the difference between filing a claim and filing a petition for remission or mitigation?

A claim is a legal filing that contests the forfeiture in federal court; it asks a judge to decide whether the government has the right to keep your property. A petition for remission or mitigation, by contrast, is an administrative request asking the Attorney General or seizing agency to return the property as a matter of discretion, even though the forfeiture is legally valid. You may be able to pursue both simultaneously, but each has separate deadlines, procedures, and strategic implications. Choosing the wrong path, or missing a deadline for either one, can permanently eliminate your options.

Can a lienholder file a petition for remission of forfeiture?

Yes. Under 28 C.F.R. § 9.5, lienholders with a valid, good-faith, legally cognizable interest in the forfeited property may file a lienholder petition for remission. The lienholder must demonstrate that the lien was created in the normal course of business, that the lienholder did not know or have reason to know of the illegal conduct giving rise to forfeiture, and that the lienholder took reasonable steps to ensure the property was not used illegally. Banks, lenders, and other secured creditors with interests in what happens to seized property after a federal search warrant should act quickly to protect their positions.

How does remission or mitigation interact with federal restitution orders?

Federal restitution and forfeiture are separate legal mechanisms, but they often apply to the same pool of assets. Under 28 C.F.R. §§ 9.7 and 9.8, crime victims may receive restitution of forfeited properties through the remission process, but the amount is capped at the victim’s share of net forfeiture proceeds under 28 U.S.C. § 524(c). If a court also imposes a restitution order as part of sentencing, the government must coordinate to avoid double recovery. For defendants, the interplay between forfeiture and restitution means that losing property through forfeiture does not necessarily reduce the amount owed under a restitution judgment. Counsel experienced in federal white collar lawyers handling complex forfeiture and fraud cases can help navigate this overlap.

When should a property owner or defendant involve federal defense counsel in a forfeiture matter?

You should consult federal defense counsel as soon as you receive a seizure notice, a forfeiture complaint, or learn that your property has been seized in connection with a federal investigation. The deadlines for filing a claim or a petition for remission or mitigation are short, often 30 days, and the strategic decisions you make in the first weeks directly affect whether you can recover the property and how the forfeiture proceeding interacts with any criminal exposure you may face. Waiting until a forfeiture is finalized or a criminal case is resolved often means the property is already gone.

If you are facing federal asset forfeiture and need to evaluate whether a petition for remission or mitigation of forfeiture can help recover your property, contact Evergreen Attorneys at (303) 948-1489 for a confidential case evaluation with a federal criminal lawyer today.