In all cases in which the government intends to ask for forfeiture of property or a money judgment in lieu of forfeiture as part of the judgment of sentence, the government must file and serve its motion for entry of a preliminary order of forfeiture no later than three weeks before the initial date scheduled for the sentencing hearing, unless the government demonstrates that it is impracticable to do so.

COMMENT: Federal Rule of Criminal Procedure 32.2 says preliminary orders should be entered promptly after conviction and in advance of sentencing. Establishing a deadline for filing a motion for entry of such orders will allow the defendant and the court sufficient time in advance of the sentencing hearing to address any disputes over the forfeiture of property or a money judgment.

January 1, 2025