18 U.S.C. § 3669 — Conveyances carrying liquor

Page 873 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3669 Section consolidates sections 222 and 224 of title 27, U.S.C., 1940 ed., with changes in phraseology and ar- rangement necessary to effect the consolidation. Said section 222 is also incorporated in section 1262 of this title. Definition of ‘‘State’’ in section 222 of title 27 U.S.C., 1940 ed., as meaning and including ‘‘every State, Terri- tory, and Possession of the United States,’’ was omit- ted because the words ‘‘Territory, District,’’ and so forth, appear after ‘‘State’’ in sections 1262, 1265, of this title, which are the only sections in chapter 59, consti- tuting sections 1261–1265 of this title, to which such def- inition would have been applicable. Changes made in phraseology. § 3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial (a) JURISDICTION OF COURT Whenever, in any proceeding in court for the forfeiture, under the internal-revenue laws, of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquors, such forfeiture is decreed, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture. (b) CONDITIONS PRECEDENT TO REMISSION OR MITIGATION In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves (1) that he has an interest in such vehicle or aircraft, as owner or otherwise, which he acquired in good faith, (2) that he had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of any State relating to liquor, and (3) if it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for vio- lating laws of the United States or of any State relating to liquor has a right with respect to such vehicle or aircraft, that, before such claim- ant acquired his interest, or such other person acquired his right under such contract or agree- ment, whichever occurred later, the claimant, his officer or agent, was informed in answer to his inquiry, at the headquarters of the sheriff, chief of police, principal Federal internal-rev- enue officer engaged in the enforcement of the liquor laws, or other principal local or Federal law-enforcement officer of the locality in which such other person acquired his right under such contract or agreement, of the locality in which such other person then resided, and of each lo- cality in which the claimant has made any other inquiry as to the character or financial standing of such other person, that such other person had no such record or reputation. (c) CLAIMANTS FIRST ENTITLED TO DELIVERY Upon the request of any claimant whose claim for remission or mitigation is allowed and whose interest is first in the order of priority among such claims allowed in such proceeding and is of an amount in excess of, or equal to, the ap- praised value of such vehicle or aircraft, the court shall order its return to him; and, upon the joint request of any two or more claimants whose claims are allowed and whose interests are not subject to any prior or intervening inter- ests claimed and allowed in such proceedings, and are of a total amount in excess of, or equal to, the appraised value of such vehicle or air- craft, the court shall order its return to such of the joint requesting claimants as is designated in such request. Such return shall be made only upon payment of all expenses incident to the seizure and forfeiture incurred by the United States. In all other cases the court shall order disposition of such vehicle or aircraft as pro- vided in section 1306 of title 40, and if such dis- position be by public sale, payment from the proceeds thereof, after satisfaction of all such expenses, of any such claim in its order of pri- ority among the claims allowed in such pro- ceedings. (d) DELIVERY ON BOND PENDING TRIAL In any proceeding in court for the forfeiture under the internal-revenue laws of any vehicle or aircraft seized for a violation of the internal- revenue laws relating to liquor, the court shall order delivery thereof to any claimant who shall establish his right to the immediate possession thereof, and shall execute, with one or more sureties approved by the court, and deliver to the court, a bond to the United States for the payment of a sum equal to the appraised value of such vehicle or aircraft. Such bond shall be conditioned to return such vehicle or aircraft at the time of the trial and to pay the difference between the appraised value of such vehicle or aircraft as of the time it shall have been so re- leased on bond and the appraised value thereof as of the time of trial; and conditioned further that, if the vehicle or aircraft be not returned at the time of trial, the bond shall stand in lieu of, and be forfeited in the same manner as, such ve- hicle or aircraft. Notwithstanding this sub- section or any other provisions of law relating to the delivery of possession on bond of vehicles or aircraft sought to be forfeited under the in- ternal-revenue laws, the court may, in its dis- cretion and upon good cause shown by the United States, refuse to order such delivery of possession. (June 25, 1948, ch. 645, 62 Stat. 840, § 3617; renum- bered § 3668, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987; amended Pub. L. 107–217, § 3(d), Aug. 21, 2002, 116 Stat. 1299.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 646 (Aug. 27, 1935, ch. 740, § 204, 49 Stat. 878). A minor change was made in phraseology. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–217 substituted ‘‘section 1306 of title 40’’ for ‘‘sections 304f–304m of Title 40’’. § 3669. Conveyances carrying liquor Any conveyance, whether used by the owner or another in introducing or attempting to intro- duce intoxicants into the Indian country, or into other places where the introduction is prohib- ited by treaty or enactment of Congress, shall be subject to seizure, libel, and forfeiture. (June 25, 1948, ch. 645, 62 Stat. 841, § 3618; renum- bered § 3669, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.) Page 874 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3670 HISTORICAL AND REVISION NOTES Based on section 247 of title 25, U.S.C., 1940 ed., Indi- ans (Mar. 2, 1917, ch. 146, § 1, 39 Stat. 970). Words ‘‘Automobiles or any other vehicles or’’ at be- ginning of section were omitted, and ‘‘any conveyance’’ substituted to remove possible ambiguity as to scope of section. Words at conclusion of section ‘‘provided in section 246 of this title’’ added nothing and were therefore omitted. (See also rule 41 of the Federal Rules of Crimi- nal Procedure.) Minor changes were made in arrangement and phrase- ology. § 3670. Disposition of conveyances seized for vio- lation of the Indian liquor laws The provisions of section 3668 of this title shall apply to any conveyances seized, proceeded against by libel, or forfeited under the provi- sions of section 3113 or 3669 of this title for hav- ing been used in introducing or attempting to introduce intoxicants into the Indian country or into other places where such introduction is pro- hibited by treaty or enactment of Congress. (Added Oct. 24, 1951, ch. 546, § 2, 65 Stat. 609, § 3619; renumbered § 3670 and amended Pub. L. 98–473, title II, §§ 212(a)(1), 223(k), Oct. 12, 1984, 98 Stat. 1987, 2029.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–473 renumbered section 3619 of this title as this section and substituted ‘‘3668’’ for ‘‘3617’’ and ‘‘3669’’ for ‘‘3618’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 223(k) of Pub. L. 98–473 effec- tive Nov. 1, 1987, and applicable only to offenses com- mitted after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effec- tive Date note under section 3551 of this title. § 3671. Vessels carrying explosives and steerage passengers The amount of any fine imposed upon the mas- ter of a steamship or other vessel under the pro- visions of section 2278 of this title shall be a lien upon such vessel, and such vessel may be libeled therefor in the district court of the United States for any district in which such vessel shall arrive or from which it shall depart. (Added Sept. 3, 1954, ch. 1263, § 36, 68 Stat. 1239, § 3620; renumbered § 3671, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.) § 3672. Duties of Director of Administrative Of- fice of the United States Courts The Director of the Administrative Office of the United States Courts, or his authorized agent, shall investigate the work of the proba- tion officers and make recommendations con- cerning the same to the respective judges and shall have access to the records of all probation officers. He shall collect for publication statistical and other information concerning the work of the probation officers. He shall prescribe record forms and statistics to be kept by the probation officers and shall formulate general rules for the proper conduct of the probation work. He shall endeavor by all suitable means to promote the efficient administration of the pro- bation system and the enforcement of the proba- tion laws in all United States courts. He shall, under the supervision and direction of the Judicial Conference of the United States, fix the salaries of probation officers and shall provide for their necessary expenses including clerical service and travel expenses. He shall incorporate in his annual report a statement concerning the operation of the pro- bation system in such courts. He shall have the authority to contract with any appropriate public or private agency or per- son for the detection of and care in the commu- nity of an offender who is an alcohol-dependent person, an addict or a drug-dependent person, or a person suffering from a psychiatric disorder within the meaning of section 2 of the Public Health Service Act. This authority shall include the authority to provide equipment and sup- plies; testing; medical, educational, social, psy- chological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a psychiatric disorder by eliminating his dependence on alcohol or addict- ing drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may negotiate and award contracts identified in this paragraph without regard to section 6101(b) to (d) of title 41. He also shall have the authority to expend funds or to contract with any appropriate public or private agency or person to monitor and pro- vide services to any offender in the community authorized by this Act, including treatment, equipment and emergency housing, corrective and preventative guidance and training, and other rehabilitative services designed to protect the public and promote the successful reentry of the offender into the community. He shall pay for presentence studies and re- ports by qualified consultants and presentence examinations and reports by psychiatric or psy- chological examiners ordered by the court under subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons. Whenever the court finds that funds are avail- able for payment by or on behalf of a person fur- nished such services, training, or guidance, the court may direct that such funds be paid to the Director. Any moneys collected under this para- graph shall be used to reimburse the appropria- tions obligated and disbursed in payment for such services, training, or guidance. (June 25, 1948, ch. 645, 62 Stat. 843, § 3656; May 24, 1949, ch. 139, § 57, 63 Stat. 97; renumbered § 3672, Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987; Pub. L. 99–570, title I, § 1861(b)(1), Oct. 27, 1986, 100 Stat. 3207–53; Pub. L. 99–646, § 18(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 100–182, § 20, Dec. 7, 1987, 101 Stat. 1270; Pub. L. 110–199, title II, § 253, Apr. 9, 2008, 122 Stat. 693; Pub. L. 110–406, § 15(b), Oct. 13, 2008, 122 Stat. 4294; Pub. L. 111–350, § 5(d)(1), Jan. 4, 2011, 124 Stat. 3847.)