Page:United States Statutes at Large Volume 114 Part 1.djvu/245

 PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 209 "(i) the basis on which the requirements of paragraph (1) are met; and "(ii) the steps the claimant has taken to secure release of the property from the appropriate official. "(4) If the Government establishes that the claimant's claim is frivolous, the court shall deny the petition. In responding to a petition under this subsection on other grounds, the Government may in appropriate cases submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial. "(5) The court shall render a decision on a petition filed Courts. under paragraph (3) not later than 30 days after the date Deadline, of the filing, unless such 30-day limitation is extended by consent of the parties or by the court for good cause shown. " (6) If— "(A) a petition is filed under paragraph (3); and "(B) the claimant demonstrates that the requirements of paragraph (1) have been met, the district court shall order that the property be returned to the claimant, pending completion of proceedings by the Government to obtain forfeiture of the property. "(A) the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including— "(i) permitting the inspection, photographing, and inventory of the property; "(ii) fixing a bond in accordance with rule E(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims; and "(iii) requiring the cladmant to obtain or maintain insurance on the subject property; and "(B) the Government may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person. "(8) This subsection shall not apply if the seized property— "(A) is contraband, currency, or other monetary instrument, or electronic funds unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized; "(B) is to be used as evidence of a violation of the law; "(C) by reason of design or other characteristic, is particularly suited for use in illegal activities; or "(D) is likely to be used to commit additional criminal acts if returned to the claimant. "(g) PROPORTIONALITY.— "(1) The claimant under subsection (a)(4) may petition the court to determine whether the forfeiture was constitutionally excessive. "(2) In making this determination, the court shall compare the forfeiture to the gravity of the offense giving rise to the forfeiture. "(3) The claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance
 * X7) If the court grants a petition under paragraph (3)—

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