[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR12.41]

[Page 39-40]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 12--SEIZURE AND FORFEITURE PROCEDURES--Table of Contents
 
    Subpart E--Restoration of Proceeds and Recovery of Storage Costs
 
Sec. 12.41  Petition for restoration of proceeds.


    (a) Any person claiming any property or interest therein which has 
been forfeited under the Endangered Species Act, 16 U.S.C. 1531 et seq.; 
Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 16 
U.S.C. 742j-1; or the Lacey Act Amendments of 1981, 16 U.S.C. 3371 et 
seq., and sold according to law, or any person claiming cargo or an 
interest therein, of a vessel or other conveyance employed in unlawful 
taking which has been forfeited under the Marine Mammal Protection Act, 
16 U.S.C. 1361 et seq., and sold according to law, may file with the 
Solicitor or, where forfeiture proceedings have been brought in U.S. 
District Court, the Attorney General, a petition for restoration of 
proceeds.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received within three months after the 
date of sale of the property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence;
    (4) A request for restoration of the proceeds or such part thereof 
as is claimed by the petitioner; and
    (5) A statement of all facts and circumstances relied upon by the 
petitioner to justify restoration of the proceeds, including proof that 
the petitioner did not know of the seizure before the declaration or 
order of forfeiture and was in such circumstances as prevented the 
petitioner from knowing of the same.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify restoration of the proceeds or any part 
thereof and that the petitioner did not know of the seizure before the 
declaration or order of forfeiture and was in such circumstances as 
prevented the petitioner from knowing of the same, the Solicitor may 
order the proceeds or any part thereof restored to the petitioner, after 
deducting from such proceeds the costs of seizure, storage, forfeiture 
and disposition, the duties, if any, accruing on the seized property, 
and any sum due on a lien for freight, charges, or contribution in 
general average, notice of which has been filed with the Solicitor 
according to law.

[[Page 40]]

    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]