16 USC 5509 - Forfeitures

U.S Code last checked for updates: Nov 22, 2024

§ 5509.

Forfeitures

(a)

In general

(b)

Jurisdiction of district courts

(c)

Judgment

If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained. The provisions of the customs laws relating to—

(1)

the seizure, forfeiture, and condemnation of property for violation of the customs law;

(2)

the disposition of such property or the proceeds from the sale thereof; and

(3)

the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter.

(d)

Procedure

(1)

Any officer authorized to serve any process in rem that is issued by a court under section 5506(b) of this title shall—

(A)

stay the execution of such process; or

(B)

discharge any living marine resources seized pursuant to such process;

upon receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its value, or paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court.

(2)

Any living marine resources seized pursuant to this chapter may be sold, subject to the approval of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.

(e)

Rebuttable presumption

(Pub. L. 104–43, title I, § 110, Nov. 3, 1995, 109 Stat. 375.)

cite as: 16 USC 5509