19 C.F.R. § 162.45

Summary forfeiture: Property other than Schedule I and Schedule II controlled substances. Notice of seizure and sale

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(a) Contents. The notice required by section 607, Tariff Act of 1930, as amended (19 U.S.C. 1607), of seizure and intent to forfeit and sell or otherwise dispose of according to law property not exceeding $500,000 in value, or any seized merchandise the importation of which is prohibited, or any seized vessel, vehicle or aircraft that was used to import, export, transport, or store any controlled substance, or such seized merchandise is any monetary instrument within the meaning of 31 U.S.C. 5312(a)(3), shall:

(1) Describe the property seized and in the case of motor vehicles, specify the motor and serial numbers;

(2) State the time, cause, and place of seizure;

(3) State that any person desiring to claim property must appear at a designated place and file with the Fines, Penalties, and Forfeitures Officer within 20 days from the date of first publication of the notice a claim to such property and a bond in the sum of $5,000 or 10% of the value of the claimed property, whichever is lower, but not less than $250, in default of which the property will be disposed of in accordance with the law; and

(4) State the name and place of residence of the person to whom any vessel or merchandise seized for forfeiture under the navigation laws belongs or is consigned, if that information is known to the Fines, Penalties, and Forfeitures Officer.

(b) Publication. (1) If the appraised value of any property in one seizure from one person, other than Schedule I and Schedule II controlled substances (as defined in 21 U.S.C. 802(6) and 812), exceeds $5,000, the notice will be published by its posting on an official Government forfeiture Web site for at least 30 consecutive days. Information pertaining to the Government forfeiture Web site will be posted in a conspicuous place that is accessible to the public at all customhouses and all sector offices of the U.S. Border Patrol. In CBP's sole discretion, and as circumstances warrant, additional publication for at least three successive weeks in a print medium may be provided. All known parties-in-interest will be notified in writing of the Government Web site address and the date of Internet publication (and pertinent information regarding print publication, when appropriate).

(2) In all other cases, except for Schedule I and Schedule II controlled substances (see § 162.45a), the notice will be published by its posting on an official Government forfeiture Web site for at least 30 consecutive days and by its posting for at least three successive weeks in a conspicuous place that is accessible to the public at the customhouse located nearest the place of seizure or the appropriate sector office of the U.S. Border Patrol. All known parties-in-interest will be notified in writing of the Government Web site address and the date of Internet publication (and pertinent information regarding print publication, when appropriate). The posting at the customhouse or sector office will contain the date of on-site posting. Articles of small value of the same class or kind included in two or more seizures will be advertised as one unit.

(c) Delay of publication. Publication of the notice of seizure and intent to summarily forfeit and dispose of property eligible for such treatment may be delayed for a period not to exceed 30 days in those cases where the Fines, Penalties, and Forfeitures Officer has reason to believe that a petition for administrative relief in accord with part 171 of this chapter will be filed.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 83-72, 48 FR 11423, Mar. 18, 1983; T.D. 85-123, 50 FR 29956, July 23, 1985; T.D. 85-195, 50 FR 50290, Dec. 10, 1985; T.D. 91-52, 56 FR 25364, June 4, 1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-37, 65 FR 33254, May 23, 2000; CBP Dec. 05-02, 70 FR 8510, Feb. 22, 2005; CBP Dec. 13-04, 78 FR 6033, Jan. 29, 2013]

Notes of Decisions

Cited in 17 cases, 1975–2013 · leading case: Seized Prop. Recovery, Corp. v. United States Customs & Border Prot., 502 F. Supp. 2d 50 (D.D.C. 2007).

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Seized Prop. Recovery, Corp. v. United States Customs & Border Prot., 502 F. Supp. 2d 50 (D.D.C. 2007). · cites it 8× “§ 1607 are implemented by 19 C.F.R. § 162.45 . Section 162.45 directs that, for seized property valued between $2,500 and $500,000, notice of forfeiture must be published “in a newspaper circulated at the Customs port and in the judicial district where the property was seized.”

United States v. $38,000.00 in United States Currency, David English & Michael William English, Claimants-Appellants, 816 F.2d 1538 (11th Cir. 1987). “75 (delineating what must be contained in the notice); 19 C.F.R. § 162.45 (same). In addition, the government also must send written notice of the seizure, "together with information on the applicable procedures to each party who appears to have an interest in the seized article.”

United States v. United States Currency in the Amount of $2,857.00, 754 F.2d 208 (7th Cir. 1985). “§ 1607 ; 19 C.F.R. § 162.45 (b)(1) (1984). If no claim to the seized property is filed within twenty days from the date of the first publication of the notice of seizure, the agency declares the property forfeited.”

Jim Floyd v. United States, 860 F.2d 999 (10th Cir. 1988). “§ 1607 ; 19 C.F.R. § 162.45 (b)(1). A claimant has twenty days from the date of first publication of notice to file a claim and cost bond.”

Winters v. Working, 510 F. Supp. 14 (W.D. Tex. 1980). · cites it 2× “§ 1607 and 19 C.F.R. 162.45, the Customs Service published notice of its intent to have the vehicle forfeited in the Commercial Recorder, a newspaper in San Antonio, Texas.”

United States v. Harold Wellington Rapp, Harold Wellington Rapp v. United States, 539 F.2d 1156 (8th Cir. 1976). “In his traverse to the government’s resistance to his motion for sentence reduction, counsel for Rapp stated: 3 .”

Archie Glasgow v. United States Drug Enf't Admin., Larry Fox, Special Agent Timothy Brunholtz, 12 F.3d 795 (8th Cir. 1993). “” 19 C.F.R. § 162.45 (b)(1) (emphasis added).”

United States v. $288,914 in United States Currency, 722 F. Supp. 267 (E.D. La. 1989). “The Supplemental Rule contains a provision that "[i]f the property is not released within 10 days after execution of process, the plaintiff shall promptly or within such time as may be allowed by the court cause public notice of the action and arrest to be given in a newspaper…”

Lee v. Thornton, 538 F.2d 27 (2d Cir. 1976). “But, as the Service concedes, § 1608 relates only to the avoidance of summary forfeiture, see 19 C.F.R. §§ 162.45 , 162.46 and 162.47, and property seized as security pursuant to 19 U.”

Akeem v. United States, 854 F. Supp. 2d 289 (E.D.N.Y 2012). · cites it 3× “§ 1607 (requiring that “[n]otice of seizure” be “sent to” persons with an interest in the seized property); 19 C.F.R. § 162.45 (describing the contents of the notice required by 19 U.”

Faldraga v. Carnes, 674 F. Supp. 845 (S.D. Fla. 1987). “1987); 19 C.F.R. § 162.45 (a) (1987). The claimant is required to post a bond for “$5,000 or 10 percent of the value of the claimed property, whichever is lower.”

United States v. Welles Bacon, 546 F. App'x 496 (5th Cir. 2013). “19 C.F.R. § 162.45 . This failure is not fatal to the government’s case because once forfeiture is complete in an administrative forfeiture, the court only considers whether constitutional due process was satisfied.”

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— 19 C.F.R. § 162.45(a)(4) — 1 case

Seized Prop. Recovery, Corp. v. United States Customs & Border Prot., 502 F. Supp. 2d 50 (D.D.C. 2007). “§ 1607 are implemented by 19 C.F.R. § 162.45 . Section 162.45 directs that, for seized property valued between $2,500 and $500,000, notice of forfeiture must be published “in a newspaper circulated at the Customs port and in the judicial district where the property was seized.”

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