\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 274 -- SEIZURE AND FORFEITURE OF CONVEYANCES \ § Sec. 274.13 Petitions for relief from forfeiture; filing.
Previous Document Next Document
Sec. 274.13 Petitions for relief from forfeiture; filing.
Any person having a property interest in any seized conveyance may file a petition for relief from forfeiture. A petition must comply with the provisions of this section and Secs. 274.14, 274.15, 274.16, and 274.17 of this part and be filed with the regional commissioner if the seized conveyance has not been referred to a United States Attorney pursuant to Sec. 274.12 of this part for the commencement of judicial forfeiture proceedings. If such a referral has occurred, a petition must comply with the provi
sions of 28 CFR 9.3 and be filed with the United States Attorney.
A petition must be executed and sworn to by the petitioner or by duly authorized counsel for the petitioner upon information and belief.
A petition must include the following:
A complete description of the conveyance, including identification number, if any, and the date and place of seizure;
A complete statement of the property interest in the seized conveyance asserted by the petitioner, which property interest must be established as provided in Sec. 274.6 of this part; and
The facts and circumstances, with satisfactory proof thereof, relied upon by the petitioner to justify relief from forfeiture.
Filing of a petition does not extend the time for filing a claim and a bond.
If a petition is received by or a petition without a determination issued thereon is in the possession of the regional commissioner which asserts a property interest in a seized conveyance which is the subject of a referral to a United States Attorney for commencement of judicial forfeiture proceedings, the regional commissioner shall transmit the petition and a recommendation thereon to the United States Attorney. The regional commissioner shall notify the petitioner of the transmittal. Upon receipt of su
ch a petition, the United States Attorney shall forward a copy of the petition, the recommendation of the regional commissioner, and the recommendation of the United States Attorney to the Director, Asset Forfeiture Office, Criminal Division, Department of Justice.