Page:United States Statutes at Large Volume 114 Part 1.djvu/242

 114 STAT. 206 PUBLIC LAW 106-185—APR. 25, 2000 Courts. "(2) the Government may use evidence gathered after the filing of a complaint for forfeiture to establish, by a preponderance of the evidence, that property is subject to forfeiture; and "(3) if the Government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish that there was a substantial connection between the property and the offense. "(d) INNOCENT OWNER DEFENSE. — "(1) An innocent owner's interest in property shall not be forfeited under any civil forfeiture statute. The claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence. "(2)(A) With respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place, the term 'innocent owner' means an owner who— "(i) did not know of the conduct giving rise to forfeiture; or "(ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property. "(B)(i) For the purposes of this paragraph, ways in which a person may show that such person did all. that reasonably could be expected may include demonstrating that such person, to the extent permitted by law— "(I) gave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred; and "(II) in a timely fashion revoked or made a good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property. "(ii) A person is not required by this subparagraph to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger. "(3)(A) With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, the term 'innocent owner* means a person who, at the time that person acquired the interest in the property— "(i) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or services for value); and "(ii) did not know and was reasonably without cause to believe that the property was subject to forfeiture. "(B) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if— "(i) the property is the primary residence of the claimant; "(ii) depriving the claimant of the property would deprive the claimant of the means to maintain reasonable

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