Subject property
Seizure procedures
section 981(b) of title 18Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in .
Custody of Attorney General
Other laws and proceedings applicable
The provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any of the provisions of this subchapter, insofar as applicable and not inconsistent with the provisions hereof; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this subchapter by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer.
Disposition of forfeited property
Forfeiture and destruction of schedule I and II substances
Plants
Vesting of title in United States
All right, title, and interest in property described in subsection (a) shall vest in the United States upon commission of the act giving rise to forfeiture under this section.
Stay of civil forfeiture proceedings
section 981(g) of title 18The provisions of regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section.
Venue
section 1395 of title 28In addition to the venue provided for in or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.
11 So in original. No subsec. (k) has been enacted. Agreement between Attorney General and Postal Service for performance of functions
The functions of the Attorney General under this section shall be carried out by the Postal Service pursuant to such agreement as may be entered into between the Attorney General and the Postal Service.
Pub. L. 91–513, title II, § 51184 Stat. 1276Pub. L. 95–633, title III, § 301(a)92 Stat. 3777Pub. L. 96–132, § 1493 Stat. 1048Pub. L. 98–473, title II98 Stat. 2050Pub. L. 99–570, title I100 Stat. 3207–7Pub. L. 99–646, § 74100 Stat. 3618Pub. L. 100–690, title V, § 5105102 Stat. 4301Pub. L. 101–189, div. A, title XII, § 1215(a)103 Stat. 1569Pub. L. 101–647, title XX104 Stat. 4855Pub. L. 102–239, § 2105 Stat. 1912Pub. L. 103–447, title I, § 102(d)108 Stat. 4693Pub. L. 104–237, title II, § 201(b)110 Stat. 3101Pub. L. 106–185114 Stat. 210Pub. L. 107–273, div. B, title IV, § 4002(e)(3)116 Stat. 1810(, , ; , , ; , , ; , §§ 306, 309, 518, , , 2051, 2075; , §§ 1006(c), 1865, 1992, , , 3207–54, 3207–59; , , ; , title VI, §§ 6059, 6074, 6075, 6077(a), (b), 6253, , , 4319, 4323–4325, 4363; , , ; , §§ 2003, 2004, 2007, 2008, , , 4856; , , ; , , ; , , ; , §§ 2(c)(2), 5(b), 8(b), , , 214, 216; , , .)
Editorial Notes
References in Text
Pub. L. 91–51384 Stat. 1285Subchapter II, referred to in subsec. (a)(9), was in the original “title III”, meaning title III of , , . Part A of title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Tables.
section 812(c) of this titleSchedules I and II, referred to in subsecs. (f) and (g), are set out in .
Amendments
Pub. L. 107–273section 863 of this title2002—Subsec. (a)(10). substituted “” for “section 1822 of the Mail Order Drug Paraphernalia Control Act”.
Pub. L. 106–185, § 2(c)(2)2000—Subsec. (a)(4). , struck out before period at end “, except that—
“(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to a violation of this subchapter or subchapter II of this chapter;
“(B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any State; and
“(C) no conveyance shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner”.
Pub. L. 106–185, § 2(c)(2)Subsec. (a)(6). , struck out before period at end “, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner”.
Pub. L. 106–185, § 2(c)(2)Subsec. (a)(7). , struck out before period at end “, except that no property shall be forfeited under this paragraph, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner”.
Pub. L. 106–185, § 5(b)Subsec. (b). , inserted heading and amended text of subsec. (b) generally. Prior to amendment, subsec. (b) authorized the Attorney General to seize property under this subchapter upon process issued pursuant to the Supplemental Rules for Certain Admirality and Maritime claims and to seize it without process in certain described circumstances.
Pub. L. 106–185, § 8(b)Subsec. (i). , inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: “The filing of an indictment or information alleging a violation of this subchapter or subchapter II of this chapter, or a violation of State or local law that could have been charged under this subchapter or subchapter II of this chapter, which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding.”
Pub. L. 104–237, § 201(b)(1)1996—Subsec. (a)(2), (6). , inserted “or listed chemical” after “controlled substance”.
Pub. L. 104–237, § 201(b)(2)Subsec. (a)(9). , substituted “possessed, distributed, dispensed, acquired, or intended to be distributed, dispensed, acquired,” for “possessed, distributed, or intended to be distributed,” and struck out “a felony provision of” after “in violation of”.
Pub. L. 103–447section 2291j(b) of title 22section 2291(h) of title 221994—Subsec. (e)(1)(E)(iii). substituted “” for “”.
Pub. L. 102–239, § 2(1)1991—Subsec. (e)(1)(B). , substituted “except as provided in paragraph (4), sell” for “sell”.
Pub. L. 102–239, § 2(2)Subsec. (e)(4). , added par. (4).
Pub. L. 101–647, § 20071990—Subsec. (a)(10). , added par. (10).
Pub. L. 101–647, § 2008Subsec. (a)(11). , added par. (11).
Pub. L. 101–647, § 2003Subsec. (e)(1)(B). , inserted “, by public sale or any other commercially feasible means,” after “sell”.
Pub. L. 101–647, § 2004Subsec. (f). , inserted “; all dangerous, toxic, or hazardous raw materials or products subject to forfeiture under subsection (a)(2) of this section; and any equipment or container subject to forfeiture under subsection (a)(2) or (3) which cannot be separated safely from such raw materials or products” after “this subchapter” in pars. (1) and (2).
Pub. L. 101–1891989—Subsec. (e)(3)(B). amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “is not so transferred to circumvent any requirement of State law that prohibits forfeiture or limits use or disposition of property forfeited to State or local agencies.”
Pub. L. 100–690, § 6059(b)1988—Subsec. (a)(3). , inserted reference to par. (9).
Pub. L. 100–690Subsec. (a)(4). , §§ 6059(b), 6075, inserted in introductory provisions reference to par. (9) and added subpar. (C).
Pub. L. 100–690, § 5105Subsec. (a)(7). , inserted “(including any leasehold interest)” after “interest”.
Pub. L. 100–690, § 6059(a)Subsec. (a)(9). , added par. (9).
Pub. L. 100–690, § 6077(b)section 1616a of title 19Subsec. (e)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “retain the property for official use or transfer the custody or ownership of any forfeited property to any Federal, State, or local agency pursuant to ;”.
Pub. L. 100–690, § 6074Subsec. (e)(1)(E). , added subpar. (E).
Pub. L. 100–690, § 6253(b)Subsec. (e)(2)(B). , provided for deposit of moneys and proceeds in Postal Service Fund in cases of forfeitures conducted by Postal Service.
Pub. L. 100–690, § 6077(a)Subsec. (e)(3). , added par. (3).
lPub. L. 100–690, § 6253(a)lSubsec. (). , added subsec. ().
Pub. L. 99–570, § 1865(1)Pub. L. 99–646, § 74(1)1986—Subsec. (b). –(3), and –(3), in making identical amendments in introductory provision and par. (4), struck out “or criminal” after “subject to civil” and inserted paragraph permitting the Government to request issuance of a warrant authorizing seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.
Pub. L. 99–570, § 1992section 524(c) of title 28Subsec. (e). , designated existing provisions as par. (1) and former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2) in lieu of former concluding provisions which read as follows: “The Attorney General shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General pursuant to paragraph (1) shall not be subject to review. The proceeds from any sale under paragraph (2) and any moneys forfeited under this subchapter shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. The Attorney General shall forward to the Treasurer of the United States for deposit in accordance with any amounts of such moneys and proceeds remaining after payment of such expenses.”
Pub. L. 99–570, § 1006(c)Subsec. (f). , which directed the amendment of section 511 of the “Comprehensive Drug Abuse Prevention Act of 1978” was executed to this section which is section 511 of the Comprehensive Drug Abuse Prevention Act of 1970, as the probable intent of Congress, by designating existing provisions as par. (1), inserting “or II” in two places, and adding par. (2).
Pub. L. 99–570, § 1865(b)Pub. L. 99–646, § 74(b)Subsec. (i). and , made identical amendments, inserting “, or a violation of State or local law that could have been charged under this subchapter or subchapter II of this chapter,”.
Pub. L. 98–473, § 306(a)1984—Subsec. (a)(7). , added par. (7).
Pub. L. 98–473, § 518Subsec. (a)(8). , added par. (8).
Pub. L. 98–473, § 306(b)(1)Subsec. (b). , inserted “civil or criminal” after “property subject to”.
Pub. L. 98–473, § 306(b)(2)Subsec. (b)(4). , substituted “is subject to civil or criminal forfeiture under” for “has been used or is intended to be used in violation of”.
Pub. L. 98–473, § 306(c)(1)Subsec. (c). , in provisions preceding par. (1), inserted “any of” after “seized under”.
Pub. L. 98–473, § 306(c)(2)Subsec. (c)(3). , inserted “, if practicable,” after “remove it”.
Pub. L. 98–473, § 306(d)Subsec. (d). , inserted “any of” after “incurred, under”.
Pub. L. 98–473section 524(c) of title 28Subsec. (e). , §§ 306(e), 309, inserted “civilly or criminally” after “Whenever property is” and in provisions preceding par. (1), inserted provisions relating to transfer of custody or ownership of forfeited property in par. (1), substituted “and dispose of it” for “and remove it for disposition” in par. (3), and, in provisions following par. (4), inserted sentence requiring the Attorney General to ensure equitable transfer of any forfeited property, and substituted “accordance with ” for “the general fund of the United States Treasury”.
Pub. L. 98–473, § 306(f)Subsecs. (h) to (j). , added subsecs. (h) to (j).
Pub. L. 96–1321979—Subsec. (d). substituted “The provisions” for “All provisions” and struck out “and the award of compensation to informers in respect of such forfeitures” after “compromise of claims”.
Pub. L. 95–633, § 301(1)1978—Subsec. (a)(6). , added par. (6).
Pub. L. 95–633, § 301(a)(2)Subsec. (e). , (3), struck out of cl. (2) provisions relating to use of proceeds of sale and inserted last sentence relating to the forwarding by the Attorney General of money and proceeds remaining after payment of expenses.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Pub. L. 106–185section 21 of Pub. L. 106–185section 1324 of Title 8Amendment by applicable to any forfeiture proceeding commenced on or after the date that is 120 days after , see , set out as a note under , Aliens and Nationality.
Effective Date of 1989 Amendment
Pub. L. 101–189, div. A, title XII, § 1215(b)103 Stat. 1569
Effective Date of 1988 Amendment
section 6059 of Pub. L. 100–690section 6061 of Pub. L. 100–690section 802 of this titleAmendment by effective 120 days after , see , set out as a note under .
Pub. L. 100–690, title VI, § 6077(c)102 Stat. 4325Pub. L. 101–162, title II, § 208103 Stat. 1005
Constructive Seizure Procedures
Pub. L. 101–225, title II, § 210103 Stat. 1913
Regulations for Expedited Administrative Forfeiture Procedures
Pub. L. 100–690, title VI, § 6079102 Stat. 4325
In General .—
Specifications .—
Notice .—
Summons in Lieu of Seizure of Commercial Fishing Industry Vessels .—
Personal Use Quantities of a Controlled Substance .—
Executive Documents
Transfer of Functions
87 Stat. 1091Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by Reorg. Plan No. 2 of 1973, eff. , 38 F.R. 15932, , set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 2 of 1973 also created in Department of Justice a single, comprehensive agency for enforcement of drug laws to be known as Drug Enforcement Administration, empowered Attorney General to authorize performance by officers, employees, and agencies of Department of functions transferred to him, and directed Attorney General to coordinate all drug law enforcement functions to assure maximum cooperation between Drug Enforcement Administration, Federal Bureau of Investigation, and other units of Department of Justice involved in drug law enforcement.