Page:United States Statutes at Large Volume 114 Part 1.djvu/244

 114 STAT. 208 PUBLIC LAW 106-185—APR. 25, 2000 "(2)(A) Notwithstanding the expiration of any applicable statute of limitations, if the court grants a motion under paragraph (1), the court shall set aside the declaration of forfeiture as to the interest of the moving party without prejudice to the right of the Government to commence a subsequent forfeiture proceeding as to the interest of the moving party. Deadlines. "(B) Any proceeding described in subparagraph (A) shall be commenced— "(i) if nonjudicial, within 60 days of the entry of the order granting the motion; or "(ii) if judicial, within 6 months of the entry of the order granting the motion. "(3) A motion under paragraph (1) may be filed not later than 5 years after the date of final publication of notice of seizure of the property. "(4) If, at the time a motion made under paragraph (1) is granted, the forfeited property has been disposed of by the Government in accordance with law, the Government may institute proceedings against a substitute sum of money equ^ to the value of the moving party's interest in the property at the time the property was disposed of. "(5) A motion filed under this subsection shall be the exclusive remedy fon seeking to set aside a declaration of forfeiture under a civil forfeiture statute. "(f) RELEASE OF SEIZED PROPERTY. — "(1) A claimant under subsection (a) is entitled to immediate release of seized property if— "(A) the claimant has a possessory interest in the property; "(B) the claimant has sufiicient ties to the community to provide assurance that the property will be available at the time of the trial; "(C) the continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless; "(D) the claimant's likely hardship from the continued possession by the Government of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and "(E) none of the conditions set forth in paragraph (8) applies. "(2) A claimant seeking release of property under this subsection must request possession of the property from the appropriate official, and the request must set forth the basis on which the requirements of paragraph (1) are met. "(3)(A) If not later than 15 days after the date of a request under paragraph (2) the property has not been released, the claimant may file a petition in the district court in which the complaint has been filed or, if no complaint has been filed, in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized. "(B) The petition described in subparagraph (A) shall set forth—

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