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 Government of the identity of the party 

or the party's interest.

(B) A supervisory official in the headquarters office of the seizing agency may extend the period 

for sending notice under subparagraph (A) for a period not to exceed 30 days (which period may 

not be further extended except by a court), if the official determines that the conditions in subparagraph (D) are present.

(C) Upon motion by the Government, a court may extend the period for sending notice under 

subparagraph (A) for a period not to exceed 60 days, which period may be further extended by 

the court for 60-day periods, as necessary, if the court determines, based on a written certification of a supervisory official in the headquarters office of the seizing agency, that the conditions

in subparagraph (D) are present.
(D) The period for sending notice under this paragraph may be extended only if there is reason to 

believe that notice may have an adverse result, including--

(i) endangering the life or physical safety of an individual;

(ii) flight from prosecution;

(iii) destruction of or tampering with evidence;

(iv) intimidation of potential witnesses; or

(v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(E) Each of the Federal seizing agencies conducting nonjudicial forfeitures under this section 

shall report periodically to the Committees on the Judiciary of the House of Representatives and 

the Senate the number of occasions when an extension of time is granted under subparagraph 

(B).

(F) If the Government does not send notice of a seizure of property in accordance with subparagraph (A) to the person from whom the property was seized, and no extension of time is 

granted, the Government shall return the property to that person without prejudice to the right of 

the Government to commence a forfeiture proceeding at a later time. The Government shall not 

be required to return contraband or other property that the person from whom the property was 

seized may not legally possess.

(2)(A) Any person claiming property seized in a nonjudicial civil forfeiture proceeding under a 

civil forfeiture statute may file a claim with the appropriate official after the seizure.

(B) A claim under subparagraph (A) may be filed not later than the deadline set forth in a personal notice letter (which deadline may be not earlier than 35 days after the date the letter is 

mailed), except that if that letter is not received, then a claim may be filed not later than 30 days 

after the date of final publication of notice of seizure.

(C) A claim shall--

(i) identify the specific property being claimed;

(ii) state the claimant's interest in such property; and

(iii) be made under oath, subject to penalty of perjury.

(D) A claim need not be made in any particular form. Each Federal agency conducting non-
judicial forfeitures under this section shall make claim forms generally available on request, 

which forms shall be written in easily understandable language.

(E) Any person may make a claim under subparagraph (A) without posting bond with respect to 

the property which is the subject of the claim.

(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint 

for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims or return the property pending the filing of a complaint, except that a court in the 

district in which the complaint will be filed may extend the period for filing a complaint for good 

cause shown or upon agreement of the parties.

(B) If the Government does not--

(i) file a complaint for forfeiture or return the property, in accordance with subparagraph (A); 

or

(ii) before the time for filing a complaint has expired--

(I) obtain a criminal indictment containing an allegation that the property is subject to forfeiture; and

(II) take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute,

the Government shall promptly release the property pursuant to regulations promulgated by 

the Attorney General, and may not take any further action to effect the civil forfeiture of such 

property in connection with the underlying offense.

(C) In lieu of, or in addition to, filing a civil forfeiture complaint, the Government may include a 

forfeiture allegation in a criminal indictment. If criminal forfeiture is the only forfeiture proceeding commenced by the Government, the Government's right to continued possession of the 

property shall be governed by the applicable criminal forfeiture statute.

(D) No complaint may be dismissed on the ground that the Government did not have adequate 

evidence at the time the complaint was filed to establish the forfeitability of the property.

(4)(A) In any case in which the Government files in the appropriate United States district court a 

complaint for forfeiture of property, any person claiming an interest in the seized property may 

file a claim asserting such person's interest in the property in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims, except that such claim may be filed 

not later than 30 days after the date of service of the Government's complaint or, as applicable, 

not later than 30 days after the date of final publication of notice of the filing of the complaint.
(B) A person asserting an interest in seized property, in accordance with subparagraph (A), shall 

file an answer to the Government's complaint for forfeiture not later than 20 days after the date of 

the filing of the claim.

(b) Representation.--

(1)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture 

proceeding under a civil forfeiture statute is financially unable to obtain representation by 

counsel, and the person is represented by counsel appointed under section 3006A of this title in 

connection with a related criminal case, the court may authorize counsel to represent that person 

with respect to the claim.

(B) In determining whether to authorize counsel to represent a person under subparagraph (A), 

the court shall take into account such factors as--

(i) the person's standing to contest the forfeiture; and

(ii) whether the claim appears to be made in good faith.

(2)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture 

proceeding under a civil forfeiture statute is financially unable to obtain representation by 

counsel, and the property subject to forfeiture is real property that is being used by the person as 

a primary residence, the court, at the request of the person, shall insure that the person is 

represented by an attorney for the Legal Services Corporation with respect to the claim.

(B)(i) At appropriate times during a representation under subparagraph (A), the Legal Services 

Corporation shall submit a statement of reasonable attorney fees and costs to the court.

(ii) The court shall enter a judgment in favor of the Legal Services Corporation for reasonable 

attorney fees and costs submitted pursuant to clause (i) and treat such judgment as payable under 

section 2465 of title 28, United States Code, regardless of the outcome of the case.

(3) The court shall set the compensation for representation under this subsection, which shall be 

equivalent to that provided for court-appointed representation under section 3006A of this title.

(c) Burden of proof.--In a suit or action brought under any civil forfeiture statute for the civil 

forfeiture of any property--

(1) the burden of proof is on the Government to establish, by a preponderance of the evidence, 

that the property is subject to forfeiture;

(2) the Government may use evidence gathered after the filing of a complaint for forfeiture to 
establish, by a preponderance of the evidence, that property is subject to forfeiture; and

(3) if the Government's theory of forfeiture is that the property was used to commit or facilitate 

the commission of a criminal offense, or was involved in the commission of a criminal offense, 

the Government shall establish that there was a substantial connection between the property and 

the offense.

(d) Innocent owner defense.--

(1) An innocent owner's interest in property shall not be forfeited under any civil forfeiture 

statute. The claimant shall have the burden of proving that the claimant is an innocent owner by 

a preponderance of the evidence.

(2)(A) With respect to a property interest in existence at the time the illegal conduct giving rise to 

forfeiture took place, the term “innocent owner” means an owner who--

(i) did not know of the conduct giving rise to forfeiture; or

(ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be 

expected under the circumstances to terminate such use of the property.

(B)(i) For the purposes of this paragraph, ways in which a person may show that such person did 

all that reasonably could be expected may include demonstrating that such person, to the extent 

permitted by law--

(I) gave timely notice to an appropriate law enforcement agency of information that led the 

person to know the conduct giving rise to a forfeiture would occur or has occurred; and

(II) in a timely fashion revoked or made a good faith attempt to revoke permission for those 

engaging in such conduct to use the property or took reasonable actions in consultation with a 

law enforcement agency to discourage or prevent the illegal use of the property.

(ii) A person is not required by this subparagraph to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the 

forfeiture) to physical danger.

(3)(A) With respect to a property interest acquired after the conduct giving rise to the forfeiture 

has taken place, the term “innocent owner” means a person who, at the time that person acquired 

the interest in the property--

(i) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or 

services for value); and
(ii) did not know and was reasonably without cause to believe that the property was subject to 

forfeiture.

(B) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the 

claimant gave nothing of value in exchange for the property if--

(i) the property is the primary residence of the claimant;

(ii) depriving the claimant of the property would deprive the claimant of the means to maintain 

reasonable shelter in the community for the claimant and all dependents residing with the 

claimant;

(iii) the property is not, and is not traceable to, the proceeds of any criminal offense; and

(iv) the claimant acquired his or her interest in the property through marriage, divorce, or legal 

separation, or the claimant was the spouse or legal dependent of a person whose death resulted 

in the transfer of the property to the claimant through inheritance or probate,

except that the court shall limit the value of any real property interest for which innocent 

ownership is recognized under this subparagraph to the value necessary to maintain reasonable 

shelter in the community for such claimant and all dependents residing with the claimant.

(4) Notwithstanding any provision of this subsection, no person may assert an ownership interest 

under this subsection in contraband or other property that it is illegal to possess.

(5) If the court determines, in accordance with this section, that an innocent owner has a partial 

interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in 

such property, the court may enter an appropriate order--

(A) severing the property;

(B) transferring the property to the Government with a provision that the Government compensate the innocent owner to the extent of his or her ownership interest once a final order of 

forfeiture has been entered and the property has been reduced to liquid assets; or

(C) permitting the innocent owner to retain the property subject to a lien in favor of the Government to the extent of the forfeitable interest in the property.

(6) In this subsection, the term “owner”--

(A) means a person with an ownership interest in the specific property sought to be forfeited, 

including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an 

ownership interest; and
(B) does not include--

(i) a person with only a general unsecured interest in, or claim against, the property or estate 

of another;

(ii) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest 

in the property seized; or

(iii) a nominee who exercises no dominion or control over the property.

(e) Motion to set aside forfeiture.--

(1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a 

civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person's interest in the property, which motion shall be 

granted if--

(A) the Government knew, or reasonably should have known, of the moving party's interest 

and failed to take reasonable steps to provide such party with notice; and

(B) the moving party did not know or have reason to know of the seizure within sufficient time 

to file a timely claim.

(2)(A) Notwithstanding the expiration of any applicable statute of limitations, if the court grants 

a motion under paragraph (1), the court shall set aside the declaration of forfeiture as to the interest of the moving party without prejudice to the right of the Government to commence a 

subsequent forfeiture proceeding as to the interest of the moving party.

(B) Any proceeding described in subparagraph (A) shall be commenced--

(i) if nonjudicial, within 60 days of the entry of the order granting the motion; or

(ii) if judicial, within 6 months of the entry of the order granting the motion.

(3) A motion under paragraph (1) may be filed not later than 5 years after the date of final publication of notice of seizure of the property.

(4) If, at the time a motion made under paragraph (1) is granted, the forfeited property has been 

disposed of by the Government in accordance with law, the Government may institute proceedings against a substitute sum of money equal to the value of the moving party's interest in the 

property at the time the property was disposed of.
(5) A motion filed under this subsection shall be the exclusive remedy for seeking to set aside a 

declaration of forfeiture under a civil forfeiture statute.

(f) Release of seized property.--

(1) A claimant under subsection (a) is entitled to immediate release of seized property if--

(A) the claimant has a possessory interest in the property;

(B) the claimant has sufficient ties to the community to provide assurance that the property will 

be available at the time of the trial;

(C) the continued possession by the Government pending the final disposition of forfeiture 

proceedings will cause substantial hardship to the claimant, such as preventing the functioning 

of a business, preventing an individual from working, or leaving an individual homeless;

(D) the claimant's likely hardship from the continued possession by the Government of the 

seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; 

and

(E) none of the conditions set forth in paragraph (8) applies.

(2) A claimant seeking release of property under this subsection must request possession of the 

property from the appropriate official, and the request must set forth the basis on which the requirements of paragraph (1) are met.

(3)(A) If not later than 15 days after the date of a request under paragraph (2) the property has not 

been released, the claimant may file a petition in the district court in which the complaint has 

been filed or, if no complaint has been filed, in the district court in which the seizure warrant was 

issued or in the district court for the district in which the property was seized.

(B) The petition described in subparagraph (A) shall set forth--

(i) the basis on which the requirements of paragraph (1) are met; and

(ii) the steps the claimant has taken to secure release of the property from the appropriate 

official.

(4) If the Government establishes that the claimant's claim is frivolous, the court shall deny the 

petition. In responding to a petition under this subsection on other grounds, the Government may 

in appropriate cases submit evidence ex parte in order to avoid disclosing any matter that may 

adversely affect an ongoing criminal investigation or pending criminal trial.
(5) The court shall render a decision on a petition filed under paragraph (3) not later than 30 days 

after the date of the filing, unless such 30-day limitation is extended by consent of the parties or 

by the court for good cause shown.

(6) If--

(A) a petition is filed under paragraph (3); and

(B) the claimant demonstrates that the requirements of paragraph (1) have been met,

the district court shall order that the property be returned to the claimant, pending completion 

of proceedings by the Government to obtain forfeiture of the property.

(7) If the court grants a petition under paragraph (3)--

(A) the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including--

(i) permitting the inspection, photographing, and inventory of the property;

(ii) fixing a bond in accordance with rule E(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims; and

(iii) requiring the claimant to obtain or maintain insurance on the subject property; and

(B) the Government may place a lien against the property or file a lis pendens to ensure that the 

property is not transferred to another person.

(8) This subsection shall not apply if the seized property--

(A) is contraband, currency, or other monetary instrument, or electronic funds unless such 

currency or other monetary instrument or electronic funds constitutes the assets of a legitimate 

business which has been seized;

(B) is to be used as evidence of a violation of the law;

(C) by reason of design or other characteristic, is particularly suited for use in illegal activities; 

or

(D) is likely to be used to commit additional criminal acts if returned to the claimant.

(g) Proportionality.--
(1) The claimant under subsection (a)(4) may petition the court to determine whether the forfeiture was constitutionally excessive.

(2) In making this determination, the court shall compare the forfeiture to the gravity of the offense giving rise to the forfeiture.

(3) The claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted by the court without a jury.

(4) If the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or 

eliminate the forfeiture as necessary to avoid a violation of the Excessive Fines Clause of the 

Eighth Amendment of the Constitution.

(h) Civil fine.--

(1) In any civil forfeiture proceeding under a civil forfeiture statute in which the Government 

prevails, if the court finds that the claimant's assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the 

value of the forfeited property, but in no event shall the fine be less than $250 or greater than 

$5,000.

(2) Any civil fine imposed under this subsection shall not preclude the court from imposing 

sanctions under rule 11 of the Federal Rules of Civil Procedure.

(3) In addition to the limitations of section 1915 of title 28, United States Code, in no event shall 

a prisoner file a claim under a civil forfeiture statute or appeal a judgment in a civil action or 

proceeding based on a civil forfeiture statute if the prisoner has, on three or more prior occasions, 

while incarcerated or detained in any facility, brought an action or appeal in a court of the United 

States that was dismissed on the grounds that it is frivolous or malicious, unless the prisoner 

shows extraordinary and exceptional circumstances.

(i) Civil forfeiture statute defined.--In this section, the term “civil forfeiture statute”--

(1) means any provision of Federal law providing for the forfeiture of property other than as a 

sentence imposed upon conviction of a criminal offense; and

(2) does not include--

(A) the Tariff Act of 1930 or any other provision of law codified in title 19;

(B) the Internal Revenue Code of 1986;
(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

(D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.) or the International Emergency 

Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); or

(E) section 1 of title VI of the Act of June 15, 1917 (40 Stat. 233; 22 U.S.C. 401).

(j) Restraining orders; protective orders.--

(1) Upon application of the United States, the court may enter a restraining order or injunction, 

require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants, or trustees, or take any other action to seize, secure, 

maintain, or preserve the availability of property subject to civil forfeiture--

(A) upon the filing of a civil forfeiture complaint alleging that the property with respect to 

which the order is sought is subject to civil forfeiture; or

(B) prior to the filing of such a complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that--

(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed 

from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and

(ii) the need to preserve the availability of the property through the entry of the requested 

order outweighs the hardship on any party against whom the order is to be entered.

(2) An order entered pursuant to paragraph (1)(B) shall be effective for not more than 90 days, 

unless extended by the court for good cause shown, or unless a complaint described in paragraph 

(1)(A) has been filed.

(3) A temporary restraining order under this subsection may be entered upon application of the 

United States without notice or opportunity for a hearing when a complaint has not yet been filed 

with respect to the property, if the United States demonstrates that there is probable cause to 

believe that the property with respect to which the order is sought is subject to civil forfeiture and 

that provision of notice will jeopardize the availability of the property for forfeiture. Such a 

temporary order shall expire not more than 14 days after the date on which it is entered, unless 

extended for good cause shown or unless the party against whom it is entered consents to an 

extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary 

order.

(4) The court may receive and consider, at a hearing held pursuant to this subsection, evidence 
and information that would be inadmissible under the Federal Rules of Evidence.