TFA says that the coins were already seized by the U.S. government, not that they intend to do so. With respect to the lawsuit, note that this is how civil for

TFA says that the coins were already seized by the U.S. government, not that they intend to do so. With respect to the lawsuit, note that this is how civil forfeiture works: the "defendant" is the property seized. In almost all U.S. jurisdictions, a civil forfeiture lawsuit can't be filed until the prosecuting agency is actual in custodial possession of the property. The point of the lawsuit is to give the lawful owners of the property the opportunity to challenge the seizure and get their property back.