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RIN: 1105-AA23

Publication ID: Fall 1994

Title: Revision of Regulations Governing the Remission or Mitigation of Civil and Criminal Forfeitures
Abstract: This regulation amends and adopts rules that govern the processing of petitions for remission and mitigation of forfeitures by the Criminal Division, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, and the United States Marshals Service of the United States Department of Justice. It is intended to provide a basis for similar rules to be adopted by the Bureau of Alcohol, Tobacco and Firearms, the Internal Revenue Service, the United States Secret Service of the Department of the Treasury, and the United States Postal Service. The Department proposes this regulation in an effort to ameliorate the harsh results in individual forfeiture cases and to provide relief to innocent persons whose property is used by others for criminal purposes.
Agency: Department of Justice(DOJ)
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
CFR Citation: 28 CFR 9
Legal Authority: 28 USC 509 28 USC 510 28 USC 515 to 518 28 USC 524 8 USC 1324 15 USC 1177 17 USC 509 18 USC 512 18 USC 981 18 USC 982 18 USC 1467 18 USC 1955 18 USC 1963 18 USC 2253 18 USC 2254

Statement of Need: The current regulations need to be updated to simplify the petition process, to provide for consistent rulings on petitions, to remedy deficiencies in the current regulations, and to provide for petitions filed by or on behalf of certain victims in fraud cases. These regulations are necessary because forfeiture is now being increasingly sought in white collar crime cases involving thousands of victims.

Summary of the Legal Basis: The legal basis of authority for this regulation is set forth above in Legal Authority. No aspect of this regulatory action is required by statute or court order.

Alternatives: Regulations governing the remission or mitigation of civil and criminal forfeitures provide essential procedures for the Attorney General to avoid the unfair forfeiture of innocent persons' property interests and to mitigate the sometimes unreasonable and harsh results of forfeitures. The alternative to issuance of this regulation would be to continue the current system of multiple regulations issued by the above described agencies.

Anticipated Costs and Benefits: No additional cost is anticipated to result from the revised regulations because petitions for remission or mitigation are already an integral part of forfeiture program operations. The anticipated benefit of the revised regulations is the satisfaction of the needs stated in the above Statement of Need.

Risks: Not applicable.

Timetable:

Action	Date	FR Cite
NPRM	06/29/1994	59 FR 33457
NPRM Comment Period End	07/29/1994	59 FR 33457
Final Action	10/00/1994

Additional Information: LEGAL AUTHORITY CONT: 18 USC 2513; 19 USC 1613; 19 USC 1618; 21 USC 853; 21 USC 881; 22 USC 401.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Included in the Regulatory Plan: Yes
Agency Contact: Laurie J. Sartorio Assistant Director for Policy and Operations, Executive Office for Asset Forfeit Department of Justice Legal Activities Office of the Deputy Attorney General, 901 E Street NW, Washington, DC 20530 Phone:202 616-8000