1094 
‘‘(ii) did not know and was reasonably 
without cause to believe that the property was 
subject to forfeiture. 
‘‘(B) An otherwise valid claim under subpara-
graph (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 trace-
able to, the proceeds of any criminal offense; 
and 
‘‘(iv) the claimant acquired his or her in-
terest in the property through marriage, di-
vorce, 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 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01094
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
1095 
recognized under this subparagraph to the value nec-
essary to maintain reasonable shelter in the commu-
nity for such claimant and all dependents residing 
with the claimant. 
‘‘(4) Notwithstanding any provision of this sub-
section, no person may assert an ownership interest 
under this subsection in contraband or other prop-
erty that it is illegal to possess. 
‘‘(5) If the court determines, in accordance with 
this section, that an innocent owner has a partial in-
terest 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 Gov-
ernment 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 re-
tain the property subject to a lien in favor of 
the Government to the extent of the forfeitable 
interest in the property. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01095
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
1096 
‘‘(6) In this subsection, the term ‘owner’— 
‘‘(A) means a person with an ownership in-
terest in the specific property sought to be for-
feited, including a leasehold, lien, mortgage, re-
corded security interest, or valid assignment of 
an ownership interest; and 
‘‘(B) does not include— 
‘‘(i) a person with only a general un-
secured interest in, or claim against, the 
property or estate of another; 
‘‘(ii) a bailee unless the bailor is iden-
tified and the bailee shows a colorable le-
gitimate interest in the property seized; or 
‘‘(iii) a nominee who exercises no do-
minion 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 no-
tice 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 inter-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01096
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
1097 
est and failed to take reasonable steps to pro-
vide such party with notice; and 
‘‘(B) the moving party did not know or 
have reason to know of the seizure within suffi-
cient 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 for-
feiture 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 para-
graph (1) is granted, the forfeited property has been 
disposed of by the Government in accordance with 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01097
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
1098 
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 stat-
ute. 
‘‘(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 prop-
erty will be available at the time of the trial; 
‘‘(C) the continued possession by the Gov-
ernment pending the final disposition of for-
feiture proceedings will cause substantial hard-
ship to the claimant, such as preventing the 
functioning of a business, preventing an indi-
vidual from working, or leaving an individual 
homeless; 
‘‘(D) the claimant’s likely hardship from 
the continued possession by the Government of 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01098
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
1099 
the seized property outweighs the risk that the 
property will be destroyed, damaged, lost, con-
cealed, 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 re-
quest must set forth the basis on which the require-
ments 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 dis-
trict 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 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 01099
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS