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21 CFR 1316.96 - Ruling on a 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)
§ 1316.96
Ruling on a petition for expedited release of a conveyance in a judicial forfeiture action.
(a) Upon receipt of a petition for expedited release filed pursuant to § 1316.95, the United States Attorney shall rule on the petition within 20 days of receipt. A petition shall be deemed filed on the date it is received by the United States Attorney.
(b) If the United States Attorney does not rule on the petition for expedited release within 20 days after the date on which it is filed, the conveyance shall be returned to the owner or interested party pending further forfeiture proceedings, except where it is evidence of a violation of law. Release of conveyance under provisions of this paragraph shall not affect the forfeiture action with respect to that conveyance.
(c) Upon a favorable ruling on the petition for expedited release, the United States Attorney shall, where necessary, move to terminate the judicial proceedings against the conveyance and immediately direct the return of the conveyance except where it is evidence of a violation of law.
(d) If, within 20 days, the United States Attorney denies the petition for expedited release, the government shall retain possession of the conveyance until the owner provides a substitute res bond pursuant to § 1316.98 or the forfeiture is finalized.

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