DOJ Seeking Expansion of Russian-Asset Forfeiture Authority

DOJ is seeking to expand an authority that allows it to use seized Russian assets to assist with Ukraine’s reconstruction efforts. Attorney General Merrick Garland, speaking before the House Judiciary Committee Sept. 20, said in written remarks prepared for the hearing that DOJ can use the authority, included as part of the FY 2023 government spending package, to transfer certain forfeited property to the State Department “to remediate the harms of Russia’s invasion of Ukraine.” But the administration can’t use that authority for forfeited Russian assets connected to Moscow’s 2014 annexation of Crimea or related to assets forfeited for violations of certain export controls.

Garland said the “authority granted to the Department by Congress does not cover the full scope of the” work of Task Force KleptoCapture, the DOJ unit in charge of enforcing sanctions against Russian oligarchs. “The Department would welcome an opportunity to discuss with the Committee the benefits of expanding the list of offenses and applicable executive orders that allow for transfer of forfeited assets for Ukraine’s benefit.”