From this language, the claim can then be drafted. Sample claims forms for individuals, corporations and attorneys are included in the appendix to this chapter. It bears repeating once again that the assertions of fact under oath by the claimant in the claim had better be able to withstand the light of day which in due course will be cast upon them. This provision, conditioning access to the judicial branch upon the posting of surety, is remarkable but, unfortunately, completely constitutional. Again, each agency has its only rules regarding the bond which must be consulted if in fact a bond is to be posted.
Similar rules are in place for other agencies.
The bond amount is then deposited with the U.S. Marshal pending disposition of the case. Procedurally, the bond is suppose to serve the purpose of paying the usual costs of the lawsuit as detailed in 28 U.S.C. 1920 and 1921. These costs include clerk fees, U.S. Marshall fees, court reporters, witness fees and interpreter fees among other costs. It is the policy of the DOJ to seek these costs in the event of a successful forfeiture, return the bond if no property is forfeited and allow the AUSA to return the bond and waive costs as part of any settlement. Finally, remember that the bond does not represent the ceiling of costs that an unsuccessful claimant may face after losing a forfeiture case - a consideration that should be addressed early on in determining how, and whether, to proceed.