The Department of Justice is changing its method of providing public notice for civil and administrative forfeitures.  The Government has traditionally published forfeiture notices in newspapers.  Instead, the Government will now post generalized notices at www.forfeiture.gov. 

The Government must provide actual notice of forfeiture proceedings to those the Government knows have claimed an interest in property to be forfeited.  In a fact pattern the Sixth Circuit characterized as "befitting a John Grisham novel," the Government dug up (literally) a fraudster’s $250,000 on a golf course.  The Government found the money in October 2009 and instituted forfeiture proceedings.  In November and December 2009, the Government posted a generalized notice of forfeiture on the internet.

With a growing number of projects facing financial difficulty, the importance of maintaining leverage for securing payment is greater than ever. The project itself remains a prime security target for any contractor, subcontractor or supplier for assuring appropriate attention is given to their claims and that payment will be forthcoming in a timely and unencumbered manner. Some very recent developments in the lien realm emphasize the ongoing attention that is being given to lien statutes and the opportunity they provide for maximizing those considerations of security and leverage.