Page:United States Statutes at Large Volume 100 Part 4.djvu/316

 100 STAT. 3207-37

PUBLIC LAW 99-570—OCT. 27, 1986

"(1) any other Federal agency; or ift "(2) any State or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property. State and local The Attorney General or the Secretary of the Tresisury, as the case governments. may be, shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General or the Secretary of the Treasury pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. The Attorney General or the Secretary of the Treasury may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this section, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. Whenever forfeiture proceedings are discontinued by the United States in favor of State H; 'JC or local proceedings, the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the discontinuance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials. "(f) AH 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. "(g) The filing of an indictment or information alleging a violation of law which is also related to a forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the forfeiture proceeding. "(h) 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. "(i) In the case of property subject to forfeiture under subsection (a)(l)(B), the following additional provisions shall, to the extent provided by treaty, apply: "(1) Notwithstanding any other provision of law, except sec»t tion 3 of the Anti Drug Abuse Act of 1986, whenever property is civilly or criminally forfeited under the Controlled Substances 21 USC 801 note. Act, the Attorney General may, with the concurrence of the Secretary of State, equitably transfer any conveyance, currency, ' and any other type of personal property which the Attorney 01 General may designate by regulation for equitable transfer, or ' any amounts realized by the United States from the sale of any real or personal property forfeited under the Controlled

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