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18 U.S.C. § 987 — Anti-terrorist forfeiture protection

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 987 — Anti-terrorist forfeiture protection

**(a) Right to Contest.—** An owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that— (1) the property is not subject to confiscation under such provision of law; or (2) the innocent owner provisions of [section 983(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section983/d&num=0&edition=prelim), United States Code, apply to the case. **(b) Evidence.—** In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States. **(c) Clarifications.—** (1) **Protection of rights.—** — The exclusion of certain provisions of Federal law from the definition of the term “civil forfeiture statute” in [section 983(i) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section983/i&num=0&edition=prelim), United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under— (A) subsection (a) of this section; (B) the Constitution; or (C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the “Administrative Procedure Act”). (2) **Savings clause.—** — Nothing in this section shall limit or otherwise affect any other remedies that ma

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Source location: Title 18, Chapter 46, § 987; chapter-046-forfeiture.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 983 — General rules for civil forfeiture proceedings

**(a) Notice; Claim; Complaint.—** (1) (A) (i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure. (ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law. (iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either— (I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding under this section; or (II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute. (iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency. (v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Gove

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 987 — Anti-terrorist forfeiture protection

Page 295 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 987 1 Section catchline amended by Pub. L. 108–21 without cor- responding amendment of chapter analysis. Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. Section 985 of this title, referred to in subsec. (a), was enacted by Pub. L. 106–185, and relates to civil forfeit- ures of real property and not to procedures and limita- tions for subpoenas. The reference to section 985 was in- cluded in this section when it was enacted by Pub. L. 102–550, but at that time there was no section 985 of this title. The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in Title 28, Appendix, Judiciary and Judicial Procedure. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–185 added subsec. (d). 1994—Subsec. (a). Pub. L. 103–325 substituted ‘‘section 5322 or 5324 of title 31’’ for ‘‘section 5322 of title 31’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality. § 987. Anti-terrorist forfeiture protection (a) RIGHT TO CONTEST.—An owner of property that is confiscated under any provision of law relating to the confiscation of assets of sus- pected international terrorists, may contest that confiscati

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