Judges: RICHARD P. IEYOUB
Filed Date: 6/30/1997
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Regan:
Your request for an Attorney General's Opinion has been forwarded to me for research and reply. In particular, you have asked the following question:
May a District Attorney legally transfer a cause or action under La. R.S.
40:2601 , et seq., to the federal government?
Any action which would prompt forfeiture under L.S.A. R.S.
The leading case on this issue is Scarabin v. DEA,
The manifestation of intent is most commonly expressed through either the filing of nonsuit by the district attorney, or a court order stating such intent. Once there is physical surrender and a manifestation of the state's intent to transfer jurisdiction, the federal government then has exclusive jurisdiction over the property, and thus, the claim.
Though there is no provision requiring the district attorney to transfer the cause of action to the federal government, there are narrowly-drawn exceptions in the Federal Internal Guidelines which permit the federal government to seize control of the property on its own initiative.
Therefore, it is the opinion of this office that a district attorney may legally transfer a cause of action under La. R.S.
I hope this opinion has adequately addressed your question. If you need further assistance, please do not hesitate to contact us. With warmest regards, I remain
Sincerely,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: __________________________ DOUGLAS W. FREESE Assistant Attorney General