Page:United States Statutes at Large Volume 114 Part 1.djvu/240

 114 STAT. 204 PUBLIC LAW 106-185—APR. 25, 2000 Regulations. commence a forfeiture proceeding at a later time. The Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess. "(2)(A) Any person claiming property seized in a nonjudicial civil forfeiture proceeding under a civil forfeiture statute may file a claim with the appropriate official after the seizure. "(B) A claim under subparagraph (A) may be filed not later than the deadline set forth in a personal notice letter (which deadline may be not earlier than 35 days after the date the letter is mailed), except that if that letter is not received, then a claim may be filed not later than 30 days after the date of final publication of notice of seizure. "(C) A claim shall— "(i) identify the specific property being claimed; "(ii) state the claimant's interest in such property (and provide customary documentary evidence of such interest if available) and state that the claim is not frivolous; and "(iii) be made under oath, subject to penalty of perjury. "(D) A claim need not be made in any particular form. Each Federal agency conducting nonjudicial forfeitures under this section shall make claim forms generally available on request, which forms shall be written in easily understandable language. "(E) Any person may make a claim under subparagraph (A) without posting bond with respect to the property which is the subject of the claim. "(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. "(B) If the Government does not— "(i) file a complaint for forfeiture or return the property, in accordance with subparagraph (A); or "(ii) before the time for filing a complaint has expired— "(I) obtain a criminal indictment containing an allegation that the property is subject to forfeiture; and "(II) take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute, the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense. "(C) In lieu of, or in addition to, filing a civil forfeiture complaint, the Government may include a forfeiture allegation in a criminal indictment. If criminal forfeiture is the only forfeiture proceeding commenced by the Government, the Government's right to continued possession of the property shall be governed by the applicable criminal forfeiture statute. "(D) No complaint may be dismissed on the ground that the Government did not have adequate evidence at the time

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