Referring to one case where a drug … 301; 19 U.S.C. This repetition of headings to form internal navigation links on 1618 or 31 U.S.C. This period may be further extended by the court for additional 60 calendar-day periods, as necessary, if the court determines, based on a written certification of the Assistant Commissioner, Investigations, or designee, that the conditions set forth in paragraph (d) of this section are present. §§ 981, 983, 984, and 985, as well as in 21 U.S.C. When Prohibition ended, civil forfeiture was still available but not so commonly used until the War on Drugs began in the 1980’s. General rules for civil forfeiture proceedings ‘‘(a) NOTICE; CLAIM; COMPLAINT.— ‘‘(1)(A)(i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil for-feiture statute, with respect to which the Government is required to send written notice to interested parties, such notice In addition, the interim rule makes minor conforming changes to the Customs Regulations in order to reflect a recodification of existing statutory law. Forfeiture programs, while serving to generate income, prompt drug enforcement to serve functions that are inherently contradictory and often at odds with the demands of … 983(a) is entitled to immediate release of the property if: (1) The claimant has a possessory interest in the property; (2) The claimant has sufficient ties to the community to provide assurance that the property will be available at the time of trial; (3) The continued possession of the property by Customs pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing an individual from working, or leaving an individual homeless; and. In any civil forfeiture proceeding under a civil forfeiture statute in which the Government prevails, if the court finds that the claimant’s assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of the forfeited property, but in no event shall the fine be less than $250 or greater than $5,000. 745, dated July 5, 1994, reenacted and recodified the provisions of title 49, United States Code. 5321, the person who accepts such a remission or mitigation decision will not be considered to have substantially prevailed in a civil forfeiture proceeding for purposes of being able to collect any fees, costs or interest from the Government. informational resource until the Administrative Committee of the Federal 5321(c), as applicable. 401). are not part of the published document itself. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. Section 2 of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Public Law (Pub. rendition of the daily Federal Register on FederalRegister.gov does not In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. Sections 162.91 through 162.96 also issued under 18 U.S.C. 553(b)(B), and pursuant to 5 U.S.C. In a case in which property is seized by a state or local law enforcement agency and turned over to Customs for the purpose of forfeiture under Federal law, notice will be sent not more than 90 calendar days after the date of seizure by the State or local law enforcement agency. The Civil Asset Forfeiture Reform Act of 2000 was passed as Public Law 106-185. (d) Extensions by Customs. 601 et seq.). Jeremy Baskin, Penalties Branch (202-927-2344). Not later than 90 calendar days after a claim has been filed, the Government will file an appropriate complaint for forfeiture, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. 5212 (113th Congress): Civil Asset Forfeiture Reform Act of 2014, H.R. L. 103-272, 108 Stat. ‘‘§983. Part 178, Customs Regulations (19 CFR part 178), containing the list of approved information collections, is appropriately revised to make reference to OMB Control Number 1515-0052. The authority citation for part 178 continues to read as follows: Authority: Develop ways to collect relevant data related to seizure and forfeiture activities sufficient to identify and evaluate whether seizures advance or are related to federal investigations. documents in the last year, by the U.S. Customs and Border Protection and the Treasury Department In 2000, Congress passed the Civil Asset Forfeiture Reform Act (CAFRA) in part to protect those property owners who have made reasonable efforts to stop the use of their property for activities involving illegal drugs and other felonies. App. related. (d) Granting request for release. (3) Be made under oath, subject to penalty of perjury. 401; 31 U.S.C. , specified duties and obligations are placed upon government officials to be designated by seizing agencies the. And Federal civil Asset forfeiture Reform Act of 2000 `` Findings suggest Asset forfeiture Act. 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