Partnership with AGRASC

Our firm is part of the AGRASC network of Judicial Officers whose founding act was signed by the National Chamber of Judicial Officers and by Charles DUCHAINE, General Director of AGRASC (Agency for the Management and Recovery of Seized and Confiscated Assets).
Objective: to put at the disposal of AGRASC a network of voluntary judicial officers who can be mandated on some of its missions in the field of real estate management and auctions of movable goods.

Introduction to AGRASC: The Agency for the Management and Recovery of Seized and Forfeited Assets is a public administrative institution under the dual authority of the Ministries of Justice and the Budget. Its creation, provided for by Act No. 2010-768 of 9 July 2010, aims to facilitate seizure and confiscation in criminal matters. Headed by a magistrate of the judiciary, with a board of directors also chaired by a magistrate of the judiciary, it is made up of 11 officials from the Ministries of Justice, the Interior and the Budget. Since its creation, the Agency has handled more than 18,252 cases corresponding to the management of 34,000 properties representing a total amount estimated at half a billion euros. Every day, on average, it receives 20 new cases and publishes a criminal real estate referral.

Its various missions consist in practice of :
- ensure the centralized management, in a Caisse des Dépôts account, of all sums seized during criminal proceedings (Article 706-160 2° of the Code of Criminal Procedure)
- proceed with all sales, before judgment, of seized movable property decided by the magistrates when this movable property is no longer useful for the establishment of the truth and is liable to depreciation (Articles 41-5, 99-2 and 706-160 4° of the Code of Criminal Procedure) - proceed with the alienation or destruction of vehicles confiscated after being immobilised and impounded in application of Article L. 325-1-1 of the Highway Code ;
- to proceed with all publications, at the Mortgage Conservation Offices, of criminal seizures of property (Article 706-151 of the Code of Criminal Procedure).
- manage, on a court order, all property entrusted to it which requires administrative acts for its conservation or enhancement (Article 706-160 1° of the Code of Criminal Procedure). Then, to dispose of them.
Since its creation, AGRASC has managed more than 90,000 properties (of which 130 are currently under management) through 46,000 files.

The specifications of the partnership agreement signed by our study:

AGRASC outsources the material realization of all these missions to various professionals: notaries, to organize the sale of real estate and legal auctioneers for movable goods, in the context of sales before judgment.

AGRASC faces today several problems which require the intervention of judicial officers:

In the area of real estate management :
The particular "clientele" of AGRASC (persons convicted of various crimes and misdemeanours) highlights atypical cases requiring the intervention of judicial officers:

• Non-payment of rent ;
  - Damage to property by occupants;
  Faced with this worrying situation, the AGRASC wishes to have a network of judicial officers who can intervene in several types of missions:
  - To proceed to the recovery, amicable or legal, of unpaid rents (which must return to AGRASC);
  - Carry out procedures to obtain eviction orders (the seizure or confiscation decision does not constitute a title allowing the eviction of tenants);
  - Conducting eviction proceedings.

Asregards auctions of movable goods : As regards the realization of seized or confiscated movable goods, AGRASC wishes to be able to integrate into its network, which today includes legal auctioneers and sworn goods brokers, selling judicial officers to ensure a better territorial coverage of its partners.

The agreement signed in the form of a protocol concluded for 5 years, provides for certain missions to be entrusted to our study in particular:

• Missions for the service of judicial and extra-judicial documents.
  - Missions of administration of real estate properties,whether it is a delegation of rental management or a delegation to exercise as a co-ownership trustee.
  - Missions of reports concerning the properties entrusted to AGRASC by management mandate or penal confiscation. These reports may be carried out, depending on the situation, in a contradictory manner or not.
  - Missions for the sale of movable property seized before judgment, in accordance with the provisions of Articles 41-5, 99-2, 373-1 and 484-1 of the Code of Criminal Procedure, as well as the sale of property entrusted to it under Articles 706-160 3° and 707-1 of the Code of Criminal Procedure.