DOJ - Department of Justice

  • 2021 - DOJ - Asset Forfeiture Policy Manual, U.S. Department of Justice, Criminal Division
    Money Laundering and Asset Recovery Section - 203p

    • (p30-31)
      • There are generally two types of life insurance—term life insurance and cash value or permanent life insurance.
      • Over time, the cash-value account grows, which reduces the mortality risk of the life insurer.
      • Whole life, variable life, and universal life are all types of cash-value life insurance.
        • Coverage under these policies stays in effect as long as the premiums are paid.
      • The investment portion of the policy is paid out of the premiums paid by the insured.
      • Some policies, typically universal life policies, pay more than the face value if the insured dies and the investments have gained in value.
      • The policy might pay the surrender value of the policy in addition to the face value.
    • E.2 Seizing procedures
      • Because the value to be realized from the seizure or restraint of a life insurance policy depends upon the type of insurance policy at issue and its level of maturity, and because there may be tax and other legal implications for early withdrawal, to preserve the value of policy, it may be more appropriate for prosecutors to seek a restraining order, rather than a seizure warrant, for the funds.
        • To maximize the value of the particular policy prosecutors should: