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U.S. Code as of:
01/19/04
Section 881. Forfeitures
(a) Subject property
The following shall be subject to forfeiture to the United States
and no property right shall exist in them:
(1) All controlled substances which have been manufactured,
distributed, dispensed, or acquired in violation of this
subchapter.
(2) All raw materials, products, and equipment of any kind
which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any
controlled substance or listed chemical in violation of this
subchapter.
(3) All property which is used, or intended for use, as a
container for property described in paragraph (1), (2), or (9).
(4) All conveyances, including aircraft, vehicles, or vessels,
which are used, or are intended for use, to transport, or in any
manner to facilitate the transportation, sale, receipt,
possession, or concealment of property described in paragraph
(1), (2), or (9).
(5) All books, records, and research, including formulas,
microfilm, tapes, and data which are used, or intended for use,
in violation of this subchapter.
(6) All moneys, negotiable instruments, securities, or other
things of value furnished or intended to be furnished by any
person in exchange for a controlled substance or listed chemical
in violation of this subchapter, all proceeds traceable to such
an exchange, and all moneys, negotiable instruments, and
securities used or intended to be used to facilitate any
violation of this subchapter.
(7) All real property, including any right, title, and interest
(including any leasehold interest) in the whole of any lot or
tract of land and any appurtenances or improvements, which is
used, or intended to be used, in any manner or part, to commit,
or to facilitate the commission of, a violation of this
subchapter punishable by more than one year's imprisonment.
(8) All controlled substances which have been possessed in
violation of this subchapter.
(9) All listed chemicals, all drug manufacturing equipment, all
tableting machines, all encapsulating machines, and all gelatin
capsules, which have been imported, exported, manufactured,
possessed, distributed, dispensed, acquired, or intended to be
distributed, dispensed, acquired, imported, or exported, in
violation of this subchapter or subchapter II of this chapter.
(10) Any drug paraphernalia (as defined in section 863 of this
title).
(11) Any firearm (as defined in section 921 of title 18) used
or intended to be used to facilitate the transportation, sale,
receipt, possession, or concealment of property described in
paragraph (1) or (2) and any proceeds traceable to such property.
(b) Seizure procedures
Any property subject to forfeiture to the United States under
this section may be seized by the Attorney General in the manner
set forth in section 981(b) of title 18.
(c) Custody of Attorney General
Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the
Attorney General, subject only to the orders and decrees of the
court or the official having jurisdiction thereof. Whenever
property is seized under any of the provisions of this subchapter,
the Attorney General may -
(1) place the property under seal;
(2) remove the property to a place designated by him; or
(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
(d) 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.
(e) Disposition of forfeited property
(1) Whenever property is civilly or criminally forfeited under
this subchapter the Attorney General may -
(A) retain the property for official use or, in the manner
provided with respect to transfers under section 1616a of title
19, transfer the property to any Federal agency or to any State
or local law enforcement agency which participated directly in
the seizure or forfeiture of the property;
(B) except as provided in paragraph (4), sell, by public sale
or any other commercially feasible means, any forfeited property
which is not required to be destroyed by law and which is not
harmful to the public;
(C) require that the General Services Administration take
custody of the property and dispose of it in accordance with law;
(D) forward it to the Bureau of Narcotics and Dangerous Drugs
for disposition (including delivery for medical or scientific use
to any Federal or State agency under regulations of the Attorney
General); or
(E) transfer the forfeited personal property or the proceeds of
the sale of any forfeited personal or real property to any
foreign country which participated directly or indirectly in the
seizure or forfeiture of the property, if such a transfer -
(i) has been agreed to by the Secretary of State;
(ii) is authorized in an international agreement between the
United States and the foreign country; and
(iii) is made to a country which, if applicable, has been
certified under section 2291j(b) of title 22.
(2)(A) The proceeds from any sale under subparagraph (B) of
paragraph (1) and any moneys forfeited under this subchapter shall
be used to pay -
(i) all property expenses of the proceedings for forfeiture and
sale including expenses of seizure, maintenance of custody,
advertising, and court costs; and
(ii) awards of up to $100,000 to any individual who provides
original information which leads to the arrest and conviction of
a person who kills or kidnaps a Federal drug law enforcement
agent.
Any award paid for information concerning the killing or kidnapping
of a Federal drug law enforcement agent, as provided in clause
(ii), shall be paid at the discretion of the Attorney General.
(B) The Attorney General shall forward to the Treasurer of the
United States for deposit in accordance with section 524(c) of
title 28, any amounts of such moneys and proceeds remaining after
payment of the expenses provided in subparagraph (A), except that,
with respect to forfeitures conducted by the Postal Service, the
Postal Service shall deposit in the Postal Service Fund, under
section 2003(b)(7) of title 39, such moneys and proceeds.
(3) The Attorney General shall assure that any property
transferred to a State or local law enforcement agency under
paragraph (1)(A) -
(A) has a value that bears a reasonable relationship to the
degree of direct participation of the State or local agency in
the law enforcement effort resulting in the forfeiture, taking
into account the total value of all property forfeited and the
total law enforcement effort with respect to the violation of law
on which the forfeiture is based; and
(B) will serve to encourage further cooperation between the
recipient State or local agency and Federal law enforcement
agencies.
(4)(A) With respect to real property described in subparagraph
(B), if the chief executive officer of the State involved submits
to the Attorney General a request for purposes of such
subparagraph, the authority established in such subparagraph is in
lieu of the authority established in paragraph (1)(B).
(B) In the case of property described in paragraph (1)(B) that is
civilly or criminally forfeited under this subchapter, if the
property is real property that is appropriate for use as a public
area reserved for recreational or historic purposes or for the
preservation of natural conditions, the Attorney General, upon the
request of the chief executive officer of the State in which the
property is located, may transfer title to the property to the
State, either without charge or for a nominal charge, through a
legal instrument providing that -
(i) such use will be the principal use of the property; and
(ii) title to the property reverts to the United States in the
event that the property is used otherwise.
(f) Forfeiture and destruction of schedule I and II substances
(1) All controlled substances in schedule I or II that are
possessed, transferred, sold, or offered for sale in violation of
the provisions of this subchapter; 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) of this
section which cannot be separated safely from such raw materials or
products shall be deemed contraband and seized and summarily
forfeited to the United States. Similarly, all substances in
schedule I or II, which are seized or come into the possession of
the United States, the owners of which are unknown, shall be deemed
contraband and summarily forfeited to the United States.
(2) The Attorney General may direct the destruction of all
controlled substances in schedule I or II seized for violation of
this subchapter; 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) of this section which cannot be separated
safely from such raw materials or products under such circumstances
as the Attorney General may deem necessary.
(g) Plants
(1) All species of plants from which controlled substances in
schedules I and II may be derived which have been planted or
cultivated in violation of this subchapter, or of which the owners
or cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the United States.
(2) The failure, upon demand by the Attorney General or his duly
authorized agent, of the person in occupancy or in control of land
or premises upon which such species of plants are growing or being
stored, to produce an appropriate registration, or proof that he is
the holder thereof, shall constitute authority for the seizure and
forfeiture.
(3) The Attorney General, or his duly authorized agent, shall
have authority to enter upon any lands, or into any dwelling
pursuant to a search warrant, to cut, harvest, carry off, or
destroy such plants.
(h) Vesting of title in United States
All right, title, and interest in property described in
subsection (a) of this section shall vest in the United States upon
commission of the act giving rise to forfeiture under this section.
(i) Stay of civil forfeiture proceedings
The provisions of section 981(g) of title 18 regarding the stay
of a civil forfeiture proceeding shall apply to forfeitures under
this section.
(j) Venue
In addition to the venue provided for in section 1395 of title 28
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.
(l) (!1) 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.
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