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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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SUBCHAPTER 2.5 - DEFAULT DECREE

2.5 - DEFAULT DECREE
2.5.1 - POLICY
2.5.2 - REPORTING
 

 2.5 - DEFAULT DECREE

 2.5.1 - POLICY

When no claimant appears in a seizure case, the court issues a Default Decree of Condemnation condemning the goods. It may or may not specify the manner of disposal. Disposition, whether by destruction, distribution to charitable institutions or sale by salvage must be approved and monitored by the Government.

Primary responsibility for disposition of seized lots following a default decree lies with the U.S. Marshal’s Office.

FDA inspectional personnel frequently accompany the marshal to witness the operation. Although you are there in an advisory capacity, assist the marshal in every way to assure compliance with the court order.

 2.5.2 - REPORTING

Promptly submit a written report of your observations upon completion of the operation. See IOM 2.4.8.