Civil asset forfeiture (CAF) is a legal tool of the government to seize property that is connected to criminal activity. Unlike civil forfeiture, U.S. criminal forfeiture laws have never been reformed at the federal level. In other words, the government could seize first, and defend the forfeiture in court later. 106-185, 114 Stat. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. Ensure that state and local task force officers receive training on federal asset seizure and forfeiture laws and component seizure policies before they conduct or participate in federal seizures. 1618 or 31 U.S.C. 01/22/2021, 40 If passed, the Fifth Amendment Integrity Restoration Act of 2017 (FAIR Act) would amend civil forfeiture sections of the U.S. Code to: Alternately, if passed, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2017 (DUE PROCESS Act) would amend civil forfeiture sections of the U.S. Code to: While the two bills are largely similar, one important difference exists: the FAIR Act effectively ends equitable sharing while the DUE PROCESS Act attempts only to curb its abuse. The Civil Asset Forfeiture Reform Act of 2000 was passed as Public Law 106-185. The government does not have to charge the property owner with any specific crime in order to seize his property, and must prove only by a preponderance of the evidence that the property is legally forfeitable. 01/22/2021, 153 Nor do the interim amendments result in a “significant regulatory action” as specified in E.O. 983(f)(2). (3) Be made under oath, subject to penalty of perjury. on Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure. It was commonly used by the government during the Prohibition era to seize the property of bootleggers in an attempt to stymie the production and sale of illicit alcohol. on FederalRegister.gov documents in the last year, 1477 In March 2017, the Department of Justice Office of the Inspector General released a report reviewing the DOJ’s oversight of civil forfeiture activities. Under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), (20) the government has five years to commence a forfeiture action from the time when the alleged offense was discovered, or within two years after the time when the involvement of the property in the alleged offense was discovered, whichever was later. 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. 1. If the identity or interest of a party is not determined until after the seizure or turnover, but it is determined before a declaration of forfeiture, notice will be sent to such interested party not later than 60 calendar days after the determination by Customs of the identity of the party or the party's interest. documents in the last year, 9 documents in the last year, by the U.S. Customs and Border Protection and the Treasury Department 12866. documents in the last year, by the Federal Deposit Insurance Corporation the material on FederalRegister.gov is accurately displayed, consistent with 1618 or 31 U.S.C. by the National Credit Union Administration has no substantive legal effect. 00-31882 Filed 12-13-00; 8:45 am], updated on 5:15 PM on Friday, January 22, 2021, 43 documents (e) Effect of claim. 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. 5321; 46 U.S.C. Part 162 is amended by adding a new subpart H to read as follows: The provisions of this subpart will apply to all seizures of property for civil forfeiture made by Customs officers except for those seizures of property to be forfeited under the following statutes: The Tariff Act of 1930 or any other provision of law codified in title19, Start Printed Page 78092United States Code; the Internal Revenue Code of 1986; the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Any person who accepts a remission or mitigation decision will not be considered to have substantially prevailed in a civil forfeiture proceeding for purposes of collection of any fees, costs or interest from the Government. [FR Doc. In 1993, the U.S. Supreme Court ruled in Austin v. United States that a forfeiture could be considered an excessive fine in violation of the Eighth Amendment, but declined to establish a multifactor test to determine whether a forfeiture is constitutionally excessive. While every effort has been made to ensure that This feature is not available for this document. Interim rule is effective August 23, 2000, and applies to any forfeiture proceeding commenced on or after August 23, 2000. This form of forfeiture is codified in 18 U.S.C. 2. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding. In response to increased concerns about the bustling drug trade and other criminal activity, Congress enacted the Comprehensive Crime Control Act of 1984. 301 et seq. 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. Sections 162.91 through 162.96 also issued under 18 U.S.C. Rather, these regulations are intended both to confer certain additional rights on property owners or interested parties, and to provide clear guidance to Customs officials in the processing of property seized for forfeiture under the CAFRA. Document page views are updated periodically throughout the day and are cumulative counts for this document. Jeremy Baskin, Penalties Branch (202-927-2344). (b) When filed. 553(d)(1) and (d)(3), a delayed effective date is not required. The Equitable Sharing Program, however, provided a loophole that allowed state and local law enforcement agencies to share in the liquidated proceeds of civil forfeiture cases they may hand over to federal law enforcement. Civil Forfeiture, also known as Civil Asset Forfeiture (CAF) is a legal practice that allows for officers of the law to seize and keep property that they suspect is in connection with a crime or illegal activity (31 U.S. Code § 5317). Federal Register. ); the Trading with the Enemy Act (50 U.S.C. Title III of the law consisted of the Comprehensive Forfeiture Act of 1984, Civil Asset Forfeiture Reform Act (CAFRA), Fifth Amendment Integrity Restoration Act of 2017 (FAIR Act), Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2017 (DUE PROCESS Act), S. 255 (114th Congress): Fifth Amendment Integrity Restoration Act of 2015 (FAIR Act), H.R. headings within the legal text of Federal Register documents. Comments submitted will be available for inspection in accordance with the Freedom of Information Act (5 U.S.C. (d) Granting request for release. CAFRA's provisions for awarding attorney fees make it easier to recover attorney’s fees after prevailing in a civil asset forfeiture case. Except as provided in paragraph (b) of this section, a claimant to seized property under 18 U.S.C. After property has been seized, the burden of proof shifts to the owner, who must prove that the property was not involved in nor obtained as a result of illegal activity. With the exception of the amendment providing for a new § 171.24, seizures exempt from the requirements of section 2 of the CAFRA will be processed in accordance with existing regulations. 6, 2017, A provision for a victim to petition the court when the forfeiture is excessive, A requirement that the government pay reasonable litigation costs incurred by a claimant who “substantially prevails”, Procedure for the civil forfeiture of real property, Fugitive disentitlement to court resources, An encouragement to use criminal rather than civil forfeiture. (2) The period for sending notice of seizure as provided in paragraph (d)(1) of this section may not be further extended except by order of a court of competent jurisdiction as prescribed in paragraph (e) of this section. 16–122, Leonard v. Texas, 2016 Term Court Order List of Mar. Every year Americans give up billions of dollars in currency, vehicles, boats, real estate, and other assets. 1 et seq. L. No. Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities, Jeff Sessions Removes Restrictions on Controversial Police Seizures, Attorney General Sessions Issues Policy and Guidelines on Federal Adoptions of Assets Seized by State or Local Law Enforcement, Trump Justice Department Restoring Asset Seizures, Justice Thomas’s Doubts About Civil Forfeiture, Statement of Thomas, J., On Petition for Writ of Certiorari to the Court of Appeals of Texas, Ninth District No. on More information and documentation can be found in our documents in the last year, by the National Institutes of Health 983; 19 U.S.C. Unless the Fines, Penalties, and Forfeitures Officer provides additional time to the person filing a claim for seized property pursuant to paragraph (a) of this section, the claim must be filed within 35 calendar days after the date the notice of seizure is mailed. for better understanding how a document is structured but 01/22/2021, 872 § 881. Monitor the effects of the Attorney General’s 2015 Order that eliminated most types of federal adoptions of state and local seizures, and seek to mitigate any negative effects on law enforcement cooperation. 1. Information about this document as published in the Federal Register. offers a preview of documents scheduled to appear in the next day's The Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") 1 revises centuries old civil forfeiture practice, places new burdens and time limits on the gov- Last updated in July of 2017 by Stephanie Jurkowski. If Customs does not send notice of a seizure of property in accordance with § 162.92 to the person from whom the property was seized, and no extension of time is granted, Customs will return the property to that person without prejudice to the right of the Government to commence a forfeiture proceeding at a later time. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! documents in the last year, 355 The authority citation for part 171 is revised to read as follows: Authority: Furthermore, the interim regulations make clear that acceptance of an administrative forfeiture remission does not make the government liable for fees, costs or interest pursuant to 28 U.S.C. electronic version on GPO’s govinfo.gov. This document amends the Customs Regulations, on an interim basis, in order to implement the provisions of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), insofar as these provisions are applicable to laws enforced by Customs. documents in the last year. About the Federal Register Civil Asset Forfeiture Reform Act Governmental » Legislation and services, go to 983), creates general rules for civil forfeiture proceedings. 5321, as applicable. In 2000, Congress enacted the Civil Asset Forfeiture Reform Act (CAFRA) “to provide a more just and uniform procedure for Federal civil forfeitures.” CAFRA amended a variety of U.S.C. Lastly, Pub. 233; 22 U.S.C. This repetition of headings to form internal navigation links I Civil Asset Forfeiture Reform Act (CAFRA) of 2000, Pub. Civil Asset Forfeiture Reform Act of 2000 (CAFRA) to increase safeguards for property owners whose property has been seized by the Federal Government and provide more just and uniform procedures for Federal civil forfeitures. It is not an official legal edition of the Federal Title III of the law consisted of the Comprehensive Forfeiture Act of 1984, which amended the Racketeer Influence and Corrupt Organizations Statute (RICO) to clarify what constitutes forfeitable property, and create a rebuttable presumption of forfeitability. Differences in civil forfeiture procedure between CAFRA and Customs cases [Revised 12/10/2008] The Customs carve-out of 18 U.S.C. The interim regulations do not impose any additional requirements upon the public. Section 178.2 is amended by adding the following in appropriate numerical sequence according to the section number under the columns indicated: Deputy Assistant Secretary of the Treasury. the first study to grade the civil forfeiture laws of all 50 states and the federal government. documents in the last year, 27 App. (b) Exceptions. 983(a)(1)(B), and it identifies those Customs officials who will rule on requests for immediate release of seized property, as authorized by 18 U.S.C. The report identified specific weaknesses in the DOJ’s oversight, including an insufficient effort to determine “whether seizures benefit criminal investigations or the extent to which they may pose potential risks to civil liberties,” and an inadequacy in policy and training to ensure operational consistency. documents in the last year, 654 ); and section 1 of title VI of the Act of June 15, 1917 (40 Stat. Civil Asset Forfeiture Reform Act of 2000 - How is Civil Asset Forfeiture Reform Act of 2000 abbreviated? 553, as noted, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 2465. CAFRA - Civil Asset Forfeiture Reform Act of 2000. Section 2 of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), Pub. Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. provide legal notice to the public or judicial notice to the courts. 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. titles and chapters, and included, among other things: There have been bipartisan efforts since CAFRA to further reform federal civil forfeiture, but as of July 2017, none have been enacted.2, In recent years, many states have passed laws to limit the use of civil forfeiture, and some prohibit it altogether unless the owner has already been criminally convicted for the crime that justifies seizure. §981. (a) Generally. 3507) and assigned OMB Control Number 1515-0052 (Petition for remission or mitigation of forfeitures and penalties incurred). 881 note. documents in the last year, 29 L. no. establishing the XML-based Federal Register as an ACFR-sanctioned The general authority citation for part 162 continues to read as follows, and a specific authority citation for §§ 162.91-162.96 is added to read as follows: Authority: 320. the official SGML-based PDF version on govinfo.gov, those relying on it for The President of the United States manages the operations of the Executive branch of Government through Executive orders. The OFR/GPO partnership is committed to presenting accurate and reliable Civil forfeiture in the United States is a holdover from English law. We’ve made big changes to make the eCFR easier to use. In a rather creative study, Miller and Selva50used covert participant observation to document asset forfeiture activities. Immediate release of seized property under paragraph (a) of this section will not apply if the seized property: (1) Is contraband, currency or other monetary instrument, or electronic funds, unless, in the case of currency, other monetary instrument or electronic funds, such property comprises the assets of a legitimate business; (2) Is to be used as evidence of a violation of the law; (3) By reason of design or other characteristic, is particularly suited for use in illegal activities; or. documents in the last year, by the Civil Rights Commission L. 103-272, 108 Stat. 552), § 1.4, Treasury Department Regulations (31 CFR 1.4) and § 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular business days between the hours of 9:00 a.m. and 4:30 p.m. at the Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, D.C. 202 (codified as amended in scattered sections of 8, … 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. Register (ACFR) issues a regulation granting it official legal status. 80303” is added. 106-185, 114 Stat. In 1998, the Court continued to uphold civil forfeiture in United States v. Bajakajian, but limited it if the amount seized would be “grossly disproportional to the gravity of a defendant’s offense,” in violation of the Excessive Fines Clause of the Eighth Amendment. Patsy T. Mink of Hawaii, Congressional Record E1465 July 1, 1999 401; 31 U.S.C. informational resource until the Administrative Committee of the Federal The documents posted on this site are XML renditions of published Federal Each document posted on the site includes a link to the In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. 301; 19 U.S.C. of Justice & Public Safety, Auburn University Montgomery, Montgomery, AL 36117. DHS components used inconsistent processes for administrative forfeitures under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). CIVIL ASSET FORFEITURE REFORM ACT OF 2000 (CAFRA) HIGHLIGHTS. L. 106-185, 114 Stat. documents in the last year, 1505 In addition, the interim rule makes minor conforming changes to the Customs Regulations in order to reflect a recodification of existing statutory law. the Federal Register. 5321(c), as applicable. These markup elements allow the user to see how the document follows the §§ 981, 983, 984, and 985, as well as in 21 U.S.C. documents in the last year, 785 401). 1624; 44 U.S.C. 5212 (113th Congress): Civil Asset Forfeiture Reform Act of 2014, H.R. An agency may not conduct, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by OMB. Register documents. The CAFRA creates general rules governing civil forfeiture proceedings. In this respect, a new § 171.24 is added to the Customs Regulations (19 CFR 171.24) to provide that, in the case of any seizure for forfeiture that is remitted or mitigated under 19 U.S.C. App. The Public Inspection page The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. The Civil Asset Forfeiture Reform Act of 2000 known as CAFRA gave most federal law enforcement agencies like DEA, FBI and US Customs federal law enforcement agencies, under the color of law, to seize property they believe is connected to criminal activity. For this reason, civil forfeiture case names often appear strange, such as United States v. Eight Rhodesian Stone Statues,1 and the property owner is a third-party claimant to the action while the property is the defendant. As a civil matter, th… Remission of forfeitures and payment of fees, costs or interest. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. (v) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. shorten the amount of time between forfeiture and when the government is required to give notice to the property’s owner; add “initial hearings” to the civil forfeiture judicial procedure; grant reasonable attorneys fees to claimants who prevail in a settlement rather than in court—and the payment of fees may not be waived as part of any settlement; define what counts as a claimant prevailing; establish an annual audit of civil forfeitures by the DOJ Inspector General; require the Attorney General to establish and maintain a publicly available database describing all federal civil forfeitures, including statistical breakdowns of forfeitures by agency and where money given from the Asset Forfeiture Fund or Treasury Forfeiture Fund goes. 202, enacted on April 25, 2000, and codified at title 18, United States Code, section 983 (18 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. While this law brought about significant reform to federal forfeiture policy and 80303”, in accordance with the recodification of the statutory provision specifically made by section 1(e) of Public Law 103-272. To remedy these weaknesses, the report recommends that the relevant departments of law enforcement: In July 2017, Attorney General Sessions reversed the 2015 directive that prevented local law enforcement from circumventing state restrictions on civil forfeiture.6 However, this new directive includes changes meant to prevent abuse of the practice, such as requiring more detail from police agencies about probable cause justifying a seizure, expedited notice to property owners of their rights and the status of their belongings after a seizure, and limited ability to seize property less than $10,000 without a state warrant or other enumerated exceptions.7 Nevertheless, critics say the safeguards are ineffective.8 Even Supreme Court Justice Clarence Thomas commented in a 2017 denial of certiorari on a civil forfeiture case that the civil forfeiture system “has led to egregious and well-chronicled abuses” which “frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.”9. 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