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U.S. Code as of:
01/19/04
Section 492. Forfeiture of counterfeit paraphernalia
All counterfeits of any coins or obligations or other securities
of the United States or of any foreign government, or any articles,
devices, and other things made, possessed, or used in violation of
this chapter or of sections 331-333, 335, 336, 642 or 1720, of this
title, or any material or apparatus used or fitted or intended to
be used, in the making of such counterfeits, articles, devices or
things, found in the possession of any person without authority
from the Secretary of the Treasury or other proper officer, shall
be forfeited to the United States.
Whoever, having the custody or control of any such counterfeits,
material, apparatus, articles, devices, or other things, fails or
refuses to surrender possession thereof upon request by any
authorized agent of the Treasury Department, or other proper
officer, shall be fined under this title or imprisoned not more
than one year, or both.
Whenever, except as hereinafter in this section provided, any
person interested in any article, device, or other thing, or
material or apparatus seized under this section files with the
Secretary of the Treasury, before the disposition thereof, a
petition for the remission or mitigation of such forfeiture, the
Secretary of the Treasury, if he finds that such forfeiture was
incurred without willful negligence or without any intention on the
part of the petitioner to violate the law, or finds the existence
of such mitigating circumstances as to justify the remission or the
mitigation of such forfeiture, may remit or mitigate the same upon
such terms and conditions as he deems reasonable and just.
If the seizure involves offenses other than offenses against the
coinage, currency, obligations or securities of the United States
or any foreign government, the petition for the remission or
mitigation of forfeiture shall be referred to the Attorney General,
who may remit or mitigate the forfeiture upon such terms as he
deems reasonable and just.
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