View Rule

View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOJ/LA

RIN: 1105-AA74

Publication ID: Spring 2002

Title: Enhanced Notice and Release Procedures for Owners of Seized Property Pursuant to the CAFRA of 2000; Disposition of Seized Property Too Costly To Maintain; Consolidation of Department Regulations
Abstract: By this rule, the Department does five things. First, the Department is implementing new forfeiture procedures required by the recently enacted Civil Asset Forfeiture Reform Act of 2000 (CAFRA). CAFRA's procedural changes enhance the ability of property owners to contest the forfeiture of seized property. CAFRA also makes other changes beneficial to property owners. In particular: 1) The requirement to file a bond for costs with a claim is eliminated; 2) the time for filing a claim is extended; and 3) the release of seized property is required under various circumstances. Congress made CAFRA's changes applicable to forfeiture proceedings commenced on or after August 23, 2000. Second, the Department is adding a provision allowing the pre-forfeiture disposition of seized property when the expense of holding the property is disproportionate to its value. This provision is needed to implement the pre-existing authority of 19 U.S.C. section 1612(b)--one of the customs laws procedural statutes incorporated by reference in forfeiture statutes enforced by the Department. This provision will enable the Department to use the authority of section 1612(b) in appropriate cases to avoid disproportionately high storage and maintenance costs for seized property pending forfeiture. Third, this rule consolidates previously existing forfeiture regulations of the INS, DEA, and the FBI in order to achieve greater consistency and promote overall fairness in the administrative forfeiture process by avoiding unnecessary differences in component procedures. Fourth, the rule updates the forfeiture regulations by adding 18 U.S.C. section 981 seizure-for-forfeiture authority for INS in light of CAFRA's expansion of 18 U.S.C. section 981(a)(1)(C) forfeiture authority, which now includes proceeds of Immigration and Nationality Act offenses and visa and passport fraud offenses. The rule also adds seizure-for-forfeiture authority for FBI and INS in 18 U.S.C. section 1594 cases (forfeiture of property involved in peonage and slavery (P.L. 106-386; 114 Stat. 1464 (October 28, 2000)). In addition, to reflect reorganization of INS, the rule replaces references to INS Regional Directors with references to the INS Director, Asset Forfeiture Office. Fifth, the rule modifies the regulations at 28 CFR part 9 governing petitions for remission or mitigation of forfeiture to refer only to DEA's "Forfeiture Counsel" as the pertinent official in DEA's forfeiture cases; to replace the reference to "INS Regional Directors" with "INS Director Asset Forfeiture Office or designee," as the pertinent official with authority to grant remission or mitigation in INS administrative forfeiture cases; to incorporate where applicable CAFRA's statutory criteria for innocent ownership; and to provide discretionary authority for the Ruling Officer to waive the payment of forfeiture-related costs and expenses as a condition of remission in cases in which the petitioner is a victim of the underlying offense.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 274 21 CFR 1316 28 CFR 8 (Revision) 28 CFR 9 (Revision)
Legal Authority: 5 USC 301 8 USC 1103 8 USC 1324(b) 15 USC 1177 17 USC 509 18 USC 981 to 983 18 USC 1467 18 USC 1955 18 USC 1963 18 USC 2253 to 2254 18 USC 2513 19 USC 1606 to 1608 19 USC 1610 19 USC 1612(b) 19 USC 1613 19 USC 1618 21 USC 822 21 USC 853 21 USC 871 to 872 21 USC 880 to 881 21 USC 958 21 USC 965 22 USC 401 28 USC 509 to 510 28 USC 524 PL 100-690, sec 6079

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	CAFRA applies to all forfeiture actions commenced on or after 8/23/00.	08/23/2000

Timetable:

Action	Date	FR Cite
Interim Final Rule	09/00/2002
Interim Final Rule Comment Period End	11/00/2002

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
Agency Contact: John Hieronymus Forfeiture Counsel Department of Justice Legal Activities Drug Enforcement Administration, Office of Chief Counsel, CCF, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152 Phone:202 307-7636 Stephen Jobe Unit Chief, Legal Forfeiture Unit Department of Justice Legal Activities Legal Forfeiture Unit, FBI, Office of the General Counsel, J. Edgar Hoover Building, WB-510, 935 Pennsylvania Avenue NW., Washington, DC 20535 Phone:202 324-3000