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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 nature, which fosters an underlying criminal statute by depriving a wrongdoer of property used in a crimanal enterprise. Forfeiture is generally disfavored in the law and statutes authorizing forfeiture are strictly construed. Such statutes are primarily aimed at the curtailment of trafficking in narcotics, firearms, and counterfeit money. However, forfeiture may be sought by the Government under other criminal laws, such as the possession of property used in an illegal gambling business. Under Title 18, USC, Section 1955(d), Agents are empowered to seize for forfeiture purposes any property, including money, used in an sllegal gambling business. An inventory is to be prepared of the property seized and a receipt given for it at the time of seizure or as soon thereafter as practicable. The property taken is to be held for or turned over to the U.S. Marshal for the district in which the seizure was made when not held as evidence (28 CFR Section 9a.3). **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.17 Recovery of Money Whenever money or other property consisting of numerous items requiring counting is obtained in connection with an FBI investigation, the money or property is to be independently counted by two Agents and their results compared for the purpose of verifying the accuracy of the count and detecting any errors. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 5-2.2.18 Freezing Premises Pending Issuance of a Search Warrant (1) Agents who have probable cause to believe evidence is inside certain premises may encounter the need to secure those premises to prevent the destruction or removal of evidence while a search warrant is being obtained. When such a need arises, Agents should, whenever possible, secure the premises from the outside and refrain from entering the premises until execution of the warrant. If lawful entry has already been obtained, the Agents should assure that there remains no threat to themselves or to the evidence, then leave and secure the premises from the outside. (2) I£ no entry to the premises has yet occurred, but Agents have reason to believe entry is necessary to protect themselves or others or to prevent the destruction of the evidence, entry may be made. Upon eliminating the threat to their safety or the evidence, the Agents should then leave and secure the premises from the outside. (3) There will be instances, however, when Agents who make a justified entry will not be able to leave the premises. The presence of other occupants or residents of the premises who have and SENSITIVE Printed: 08/20/2003 06:43:34 Page 14