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CFR › Title 21 › Chapter II › Part 1316 › Subpart F › Section 1316.95

21 CFR 1316.95 - Petition for expedited release of a conveyance in a judicial forfeiture action.

There is 1 rule appearing in the Federal Register for 21 CFR 1316. Select the tab below to view, or View eCFR (GPOAccess)
§ 1316.95
Petition for expedited release of a conveyance in a judicial forfeiture action.
(a) Where a conveyance has been seized and is being forfeited in a judicial proceeding for a drug-related offense, the owner may petition the United States Attorney for an expedited release of the conveyance.
(b) The owner filing the petition for expedited release shall establish the following:
(1) The owner has a valid, good faith interest in the seized conveyance as owner or otherwise;
(2) The owner has statutory rights or defenses that would show to a substantial probability that the owner would prevail on the issue of forfeiture;
(3) The owner reasonably attempted to ascertain the use of the conveyance in a normal and customary manner; and
(4) The owner did not know or consent to the illegal use of the conveyance; or in the event that the owner knew or should have known of the illegal use, the owner did what reasonably could be expected to prevent the violation.
(c) A petition for expedited release must be filed in a timely manner in order to be considered by the United States Attorney. To be considered as filed in a timely manner, the petition must be received by the appropriate United States Attorney within 20 days from the date of the first publication of the notice of the action and arrest of the property, or within 30 days after filing of the claim, whichever occurs later. The petition must be executed and sworn to by the owner, and both the envelope and the request must be clearly marked “PETITION FOR EXPEDITED RELEASE.” Such petition shall be filed in triplicate and addressed to and filed with the United States Attorney prosecuting the conveyance for forfeiture with a copy to the seizing agency.
(d) The petition shall include the following:
(1) A complete description of the conveyance, including the identification number, and the date and place of seizure;
(2) The petitioner's interest in the conveyance, which shall be supported by bills of sale, contracts, mortgages, or other satisfactory documentary evidence; and,
(3) The facts and circumstances, to be established by satisfactory proof, relied upon by the petitioner to justify expedited release of the seized conveyance.

Title 21 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 21.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 19 - CUSTOMS DUTIES

§ 1606 - Seizure; appraisement

§ 1607 - Seizure; value $500,000 or less, prohibited articles, transporting conveyances

§ 1608 - Seizure; claims; judicial condemnation

§ 1610 - Seizure; judicial forfeiture proceedings

§ 1613 - Disposition of proceeds of forfeited property

§ 1618 - Remission or mitigation of penalties

USC : Title 21 - FOOD AND DRUGS

§ 811 - Authority and criteria for classification of substances

§ 812 - Schedules of controlled substances

§ 822 - Persons required to register

§ 830 - Regulation of listed chemicals and certain machines

§ 871 - Attorney General

§ 871a - Semiannual reports to Congress

§ 872 - Education and research programs of Attorney General

§ 875 - Administrative hearings

§ 880 - Administrative inspections and warrants

§ 881 - Forfeitures

21 USC § 881–1, 881a - Transferred

§ 883 - Enforcement proceedings

§ 958 - Registration requirements

§ 965 - Applicability of part E of subchapter I

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 509 - Functions of the Attorney General

§ 510 - Delegation of authority

Public Laws

100-690

Title 21 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 21 CFR 1316 after this date.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316