CAFRA significantly revised civil forfeiture law by establishing deadlines, formalizing an innocent owner defense, 2 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. Differences in civil forfeiture procedure between CAFRA and Customs cases [Revised 12/10/2008] The Customs carve-out of 18 U.S.C. Because this document is not subject to the requirements of 5 U.S.C. Remission of forfeitures and payment of fees, costs or interest. This collection encompasses a claim for seized property in a non-judicial civil forfeiture proceeding. 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. Interim rule is effective August 23, 2000, and applies to any forfeiture proceeding commenced on or after August 23, 2000. (b) When filed. It is not an official legal edition of the Federal 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. 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. informational resource until the Administrative Committee of the Federal The Civil Asset Forfeiture Reform Act of 2000 was passed as Public Law 106-185. 782” is removed and, in its place, a reference to “ 49 U.S.C. L. 106-185, 114 Stat. This form of forfeiture is codified in 18 U.S.C. Part 171 is amended by adding a new § 171.24 to read as follows: Any seizure subject to forfeiture may be remitted or mitigated pursuant to the provisions of 19 U.S.C. Except as provided in paragraph (b) of this section, a claimant to seized property under 18 U.S.C. on documents in the last year, 27 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. (e) Extensions by a court. This page is about the meanings of the acronym/abbreviation/shorthand CAFRA in the Governmental field in general and in the Legislation terminology in particular. To combat this loophole in 2015, Attorney General Holder unilaterally barred federal law enforcement from collaborating with local and state police to take on forfeiture cases where local and state law disallows it without warrants or criminal charges.3 He also limited the federal seizure of bank accounts only to instances where serious illegal transactions have been documented.4. Upon motion by the Government, a court of competent jurisdiction may extend the period for sending notice for a period not to exceed 60 calendar days. 301; 19 U.S.C. of Justice & Public Safety, Auburn University Montgomery, Montgomery, AL 36117. (a) Generally. 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. (d) Extensions by Customs. documents in the last year, 785 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. 301 et seq. Civil Asset Forfeiture Reform Act of 2000 listed as CAFRA. When Prohibition ended, civil forfeiture was still available but not so commonly used until the War on Drugs began in the 1980’s. The Public Inspection page 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. App.” appearing in part 171, subpart F, of the Customs Regulations (19 CFR part 171, subpart F), and adds in its place a reference to “49 U.S.C. Document page views are updated periodically throughout the day and are cumulative counts for this document. on NARA's archives.gov. regulatory information on FederalRegister.gov with the objective of Until the ACFR grants it official status, the XML 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. of the issuing agency. Civil forfeiture (a)(1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property. 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. DHS components used inconsistent processes for administrative forfeitures under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). (b) Seizure by state or local authorities. CAFRA stands for Civil Asset Forfeiture Reform Act (also Caribbean Association for Feminist Research and Action and 6 more) Rating: 1 Votes: 1. However, CAFRA specifically exempts from certain of its requirements forfeitures that are made under a number of statutes, among these being: The Tariff Act of 1930 or any other provision of law codified in title 19, United States Code; the Internal Revenue Code of 1986; the Federal Food, Drug, and Cosmetic Act; and the Trading with the Enemy Act. 5321(c), as applicable. documents in the last year, 963 ); and section 1 of title VI of the Act of June 15, 1917 (40 Stat. A Rule by the Customs Service on 12/14/2000. To address these matters, the interim rule adds a new subpart H to part 162 of the Customs Regulations (19 CFR part 162, subpart H). 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. When a person elects to petition for relief before, or in lieu of, filing a claim under § 162.94, any seizure subject to forfeiture under this subpart may be remitted or mitigated pursuant to the provisions of 19 U.S.C. The authority citation for part 178 continues to read as follows: Authority: 2. Before adopting these interim regulations as a final rule, consideration will be given to any written comments that are timely submitted to Customs. 01/22/2021, 153 745, dated July 5, 1994, reenacted and recodified the provisions of title 49, United States Code. the first study to grade the civil forfeiture laws of all 50 states and the federal government. 233; 22 U.S.C. better and aid in comparing the online edition to the print edition. § 881. (1) The Assistant Commissioner, Investigations, or his designee, may extend the period for sending notice under this section for a period not to exceed 30 calendar days, if it is determined that issuance of the notice within 60 calendar days of seizure may have an adverse result, including: (i) Endangering the life or physical safety of an individual; (iii) Destruction of or tampering with evidence; (iv) Intimidation of potential witnesses; or. 3501 et seq. For complete information about, and access to, our official publications 80303” is added. 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. ); the Trading with the Enemy Act (50 U.S.C. [FR Doc. In lieu of filing a petition for relief in accordance with part 171 of this chapter, any person claiming property seized by Customs in a non-judicial civil forfeiture proceeding may file a claim with the appropriate Fines, Penalties, and Forfeitures Officer. Written comments may be addressed to and inspected at the Regulations Branch, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, DC 20229. 1 et seq. 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. 1. (e) Denial of or failure to act on request for release. on Comments submitted will be available for inspection in accordance with the Freedom of Information Act (5 U.S.C. This feature is not available for this document. The Civil Asset Forfeiture Reform Act (CAFRA), a 2000 law that was supposed to curtail forfeiture abuses, gives the federal government 60 days to send a … 233; 22 U.S.C. This table of contents is a navigational tool, processed from the General rules for civil forfeiture proceedings ‘‘(a) NOTICE; CLAIM; COMPLAINT.— ‘‘(1)(A)(i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil for-feiture statute, with respect to which the Government is required to send written notice to interested parties, such notice We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. 1. If the notice of seizure is not received, a claim may be filed not later than 30 calendar days after the date of final publication of notice of seizure and intent to forfeit the property. Register (ACFR) issues a regulation granting it official legal status. Register documents. 5321; 46 U.S.C. Directs the Government to initiate a civil forfeiture action against real property by: (1) filing a complaint for forfeiture; (2) posting a notice of the complaint on the property; and (3) serving notice on the … 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. documents in the last year, 66 1618 or 31 U.S.C. The Fines, Penalties, and Forfeitures Officer may release the property if it is determined to be appropriate under paragraphs (a) through (c) of this section. Information about this document as published in the Federal Register. App. Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. In this Issue, Documents The President of the United States manages the operations of the Executive branch of Government through Executive orders. CAFRA's provisions for awarding attorney fees make it easier to recover attorney’s fees after prevailing in a civil asset forfeiture case. Jeremy Baskin, Penalties Branch (202-927-2344). Looking for abbreviations of CAFRA? As a civil matter, th… Forfeiture programs, while serving to generate income, prompt drug enforcement to serve functions that are inherently contradictory and often at odds with the demands of … 881 note. 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. 983(f)(2). The Civil Asset Forfeiture Reform Act of 2000 Legislative History The Civil Asset Forfeiture Reform Act (CAFRA) of 2000, Pub. 401). New Documents legal research should verify their results against an official edition of 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. 106-185, 114 Stat. establishing the XML-based Federal Register as an ACFR-sanctioned Comments must be received on or before February 12, 2001. S ammis L aw F irm “ Fighting for the Best Result ” 1005 N. Marion St. Tampa, FL 33602 5283 (114th Congress): Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act), Holder Limits Seized-Asset Sharing Process That Split Billions With Local, State Police, Holder Announces New Limits on Civil Asset Forfeitures. headings within the legal text of Federal Register documents. (b) Exceptions. Civil forfeiture is an ancient legal procedure which has proven to be effective in attacking modern crime. 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. Subpart F also issued under 19 U.S.C. documents in the last year, by the National Institutes of Health 401; 31 U.S.C. 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. 5212 (113th Congress): Civil Asset Forfeiture Reform Act of 2014, H.R. on App. 983; 19 U.S.C. (c) Identity or interest of party not determined. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. documents in the last year, 654 CAFRA - Civil Asset Forfeiture Reform Act of 2000. on documents in the last year, 104 §981. L. No. (1) Identify the specific property being claimed; (2) State the claimant's interest in the property (and provide customary documentary evidence of such interest, if available) and state that the claim is not frivolous; and. 301; 19 U.S.C. (v) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. 106-185, 114 Stat. 553(b)(B), and pursuant to 5 U.S.C. from 29 agencies. 5 U.S.C. offers a preview of documents scheduled to appear in the next day's 1 et seq. 3507) and assigned OMB Control Number 1515-0052 (Petition for remission or mitigation of forfeitures and penalties incurred). This prototype edition of the Civil asset forfeiture is a peculiar part of the American justice system. 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. What is the abbreviation for Civil Asset Forfeiture Reform Act? documents in the last year, by the Nuclear Regulatory Commission 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. 1595a, 1605, 1614; 21 U.S.C. 01/22/2021, 872 titles and chapters, and included, among other things: An “innocent owner defense” A provision for a victim to petition the court when the forfeiture is excessive the official SGML-based PDF version on govinfo.gov, those relying on it for Gloria McPherson, Dept. The item Civil Asset Forfeiture Reform Act of 2000 (CAFRA) : Pub. 983), created general rules for civil forfeiture proceedings. Civil Asset Forfeiture Reform Act of 2000 "Findings suggest asset forfeiture is a dysfunctional policy. More information and documentation can be found in our Attorneys for the Statute of Limitations in Forfeiture Cases. 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. In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. 3. Nor do the interim amendments result in a “significant regulatory action” as specified in E.O. 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. 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: 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. §§ 981, 983, 984, and 985, as well as in 21 U.S.C. 80303”, in accordance with the recodification of the statutory provision specifically made by section 1(e) of Public Law 103-272. from 23 agencies, updated on 8:45 AM on Friday, January 22, 2021, 82 documents ); and section 1 of title VI of the Act of June 15, 1917 (40 Stat. Develop ways to collect relevant data related to seizure and forfeiture activities sufficient to identify and evaluate whether seizures advance or are related to federal investigations. Civil Asset Forfeiture Reform Act of 2000 - How is Civil Asset Forfeiture Reform Act of 2000 abbreviated? 983(a) is entitled to immediate release of the property if: (1) The claimant has a possessory interest in the property; (2) The claimant has sufficient ties to the community to provide assurance that the property will be available at the time of trial; (3) The continued possession of the property by Customs pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing an individual from working, or leaving an individual homeless; and. (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. Under state and federal civil asset forfeiture laws, law enforcement agencies can seize and keep property suspected of involvement in criminal activity. related. 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. Congress responded by enacting the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”). I Civil Asset Forfeiture Reform Act (CAFRA) of 2000, Pub. 01/22/2021, 196 Document Drafting Handbook 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. 202 (2000) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Indiana State Library. documents in the last year, by the Federal Deposit Insurance Corporation 1618 or 31 U.S.C. The attorneys at Sammis Law Firm represent clients in civil asset forfeiture actions in federal court.Contact us to discuss how the five (5) year statute of limitations for civil asset forfeiture actions might impact your case. Part 178, Customs Regulations (19 CFR part 178), containing the list of approved information collections, is appropriately revised to make reference to OMB Control Number 1515-0052. These markup elements allow the user to see how the document follows the If the Fines, Penalties, and Forfeitures Officer denies the request for release or fails to make a decision on the request by the 15th Start Printed Page 78093calendar day after the date the request is received by Customs, the claimant may file a petition in the district court in which the complaint has been filed, or, if no complaint has been filed, in the U.S. district court in which the seizure warrant was issued or in the U.S. district court for the district in which the property was seized. 983. About the Federal Register 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). A feature of this proceeding against the property is that the owner — who may lose extremely valuable property like a home, a vehicle, or life savings — has no guaranteed right to counsel. This act was passed as a response to a seizure system that had become rife with abuse as law enforcement agencies seized personal property from citizens, putting to their own use. 2. 2465. The documents posted on this site are XML renditions of published Federal (c) Form of claim. Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. L. No. Any notice issued under this section will include all information that is required by § 162.31(a) and (b) of this part. L. 103-272, 108 Stat. To this end, the interim rule removes the reference to “49 U.S.C. (c) Request for release. In other words, the government could seize first, and defend the forfeiture in court later. 320. This site displays a prototype of a “Web 2.0” version of the daily 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. App. Section 2 of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Public Law (Pub. In a rather creative study, Miller and Selva50used covert participant observation to document asset forfeiture activities. documents in the last year, 1505 Section 2 of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), Pub. 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. 18 U.S.C. 401). While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process: the presumption of innocence. (d) Granting request for release. Unlike civil forfeiture, U.S. criminal forfeiture laws have never been reformed at the federal level. 12866. It is Civil Asset Forfeiture Reform Act of 2000. Oneof the authors acted as a confidential informant for a city's undercovernarcotics operation after he established a relationship with drug enforcementofficials in the area. documents in the last year, 29 The results of the study were startling; agents wereselective in their enforcement efforts, and the goal of seizing assets tookprecedence over the goal of taking narcotics out of circulation. Federal Register issue. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! Civil asset forfeiture (CAF) is a legal tool of the government to seize property that is connected to criminal activity. documents in the last year, 39 §983(i) creates two classes of cases -- we call them "CAFRA cases" and "Customs carve-out cases." Specifically, we found inconsistencies among DHS components regarding the forms used to notify property owners and the process for responding to claims. replace the standard of proof “a preponderance of the evidence” with the stricter “clean and convincing evidence;”. Otherwise, the ruling upheld civil forfeiture as a practice, within undefined limits. Lastly, Pub. 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. In 1996, the Court’s holding in United States v. Ursery established that the government may seize a person’s property due to its involvement in a crime in addition to prosecuting them for that crime without violating the Double Jeopardy Clause of the Fifth Amendment. electronic version on GPO’s govinfo.gov. To clarify and implement the law in this regard, the interim rule identifies the particular Customs official who will grant extensions of time for sending notices of seizure, as authorized by 18 U.S.C. include documents scheduled for later issues, at the request (4) Is likely to be used to commit additional criminal acts if returned to the claimant. 301 et seq. documents in the last year, 72 Accordingly, it has been determined that notice and public comment procedures are inapplicable and unnecessary in this case pursuant to 5 U.S.C. 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. 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