[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR274.13]



[Page 636]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents

 

Sec. 274.13  Petitions for relief from forfeiture; filing.



    (a) 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 Sec. Sec. 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 provisions of 28 CFR 9.3 and 

be filed with the United States Attorney.

    (b) A petition must be executed and sworn to by the petitioner or by 

duly authorized counsel for the petitioner upon information and belief.

    (c) A petition must include the following:

    (1) A complete description of the conveyance, including 

identification number, if any, and the date and place of seizure;

    (2) 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

    (3) The facts and circumstances, with satisfactory proof thereof, 

relied upon by the petitioner to justify relief from forfeiture.

    (d) Filing of a petition does not extend the time for filing a claim 

and a bond.

    (e) 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 such 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.