19 C.F.R. § 162.47

Claim for property subject to summary forfeiture

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(a) Filing of claim. Any person desiring to claim under the provisions of section 608, Tariff Act of 1930, as amended (19 U.S.C. 1608), seized property not exceeding $500,000 in value (however there is no limit in value of merchandise, the importation of which is prohibited, or in the value of vessels, vehicles or aircraft used to import, export, transport, or store any controlled substance, or in the amount of any monetary instruments within the meaning of 31 U.S.C. 5312(a)(3), that may be seized and forfeited) and subject to summary forfeiture, shall file a claim to such property with the Fines, Penalties, and Forfeitures Officer within 20 days from the date of the first publication of the notice prescribed in § 162.45.

(b) Bond for costs. Except as provided in paragraph (e) of this section, the bond in the penal sum of $5,000 or 10% of the value of the claimed property, whichever is lower, but not less than $250, required by section 608, Tariff Act of 1930, as amended, to be filed with a claim for seized property shall be on Customs Form 301, containing the bond conditions set forth in § 113.72 of this chapter.

(c) Claimant not entitled to possession. The filing of a claim and the giving of a bond, if required, pursuant to section 608, Tariff Act of 1930, shall not be construed to entitle the claimant to possession of the property. Such action only stops the summary forfeiture proceeding.

(d) Report to the U.S. attorney. When the claim and bond, if required, are filed within the 20-day period, the Fines, Penalties, and Forfeitures Officer shall report the case to the U.S. attorney for the institution of condemnation proceedings.

(e) Waiver of bond. Upon satisfactory proof of financial inability to post the bond, the Fines, Penalties, and Forfeitures Officer shall waive the bond requirement for any person who claims an interest in the seized property.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 81-1, 45 FR 84994, Dec. 24, 1980; T.D. 84-213, 49 FR 41186, Oct. 19, 1984; T.D. 85-123, 50 FR 29956, July 23, 1985; T.D. 91-52, 56 FR 25364, June 4, 1991; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]

Notes of Decisions

Cited in 33 cases (2 in the last 5 years), 1975–2024 · leading case: Tourus Records, Inc. v. Drug Enf't Admin., 259 F.3d 731 (D.C. Cir. 2001).

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Tourus Records, Inc. v. Drug Enf't Admin., 259 F.3d 731 (D.C. Cir. 2001). · cites it 3× “” 19 C.F.R. § 162.47 (e) (2000) (emphasis added).”

Gerardo Serrano v. U.S. Customs & Border, 975 F.3d 488 (5th Cir. 2020). · cites it 2× “§ 1608 and 19 C.F.R. § 162.47 . You may then file a petition for relief with the Department of Justice pursuant to Title 28, Code of Federal Register, Part 9 (28 C.”

United States v. United States Currency in the Amount of $2,857.00, 754 F.2d 208 (7th Cir. 1985). · cites it 4× “See also 19 C.F.R. § 162.47 (1984). As required by statute, the DEA then forwarded all paperwork to the United States Attorney for the Southern District of Indiana, where the currency was seized, for the institution of judicial condemnation proceedings.”

in Re Forfeiture of 2000 Gmc Denali & Contents, 892 N.W.2d 388 (Mich. Ct. App. 2016). · cites it 2× “19 CFR 162.47(e) provides, “Waiver of bond.”

United States v. Route 1, Box 111, Firetower Road, 920 F.2d 788 (11th Cir. 1991). · cites it 3× “76 (1988) and 19 C.F.R. § 162.47 (1988) is a cost bond or a penal bond; and second, whether the government may obtain post judgment relief under F.”

United States v. Marcus O. Evans, Samuel Tidwell, Gregory Fort, & Helen L. Fort, 92 F.3d 540 (7th Cir. 1996). · cites it 2× “Concretely, when a federal law enforcement agency seizes property that the person it is seized from would like to get back, the person must file a claim with the agency, in this case the FBI, and either post a bond (normally 10 percent of the value of the property seized) to…”

Arango v. United States Dep't of the Treasury, 115 F.3d 922 (11th Cir. 1997). · cites it 3× “It explained that if Arango wanted a judicial hearing but could not afford to post the bond he could apply to proceed in forma pauperis by providing satisfactory proof of his financial inability to post bond under 19 C.F.R. § 162.47 (e). On November 11, 1992 Arango filed a claim…”

William Longenette v. Peter Krusing William E. Perry, Special Agent Fbi Fed. Bureau of Investigation, 322 F.3d 758 (3rd Cir. 2003). “19 C.F.R. § 162.47 (e). Once an individual properly contests the administrative forfeiture, the matter automatically is forwarded to the courts for judicial proceedings.”

United States v. Kemi Idowu, 74 F.3d 387 (2d Cir. 1996). · cites it 2× “; seizing agencies may waive the cost bond requirement in cases of demonstrated indigence, see 19 C.F.R. § 162.47 (e). The proper and timely filing of a claim and cost bond stops the administrative forfeiture process, and requires the seizing agency to refer the matter to the…”

Collazos v. United States, 368 F.3d 190 (2d Cir. 2004). “§ 1608 ; 19 C.F.R. § 162.47 ; 21 C.F.R. § 1316.76 .”

Jones v. United States Drug Enf't Admin., 801 F. Supp. 15 (M.D. Tenn. 1992). · cites it 2× “” 19 C.F.R. § 162.47 (e) (as amended by 45 F.”

Matthews v. United States, 917 F. Supp. 1090 (E.D. Va. 1996). · cites it 2× “20 Despite his incarceration during the 1993 forfeiture period, he was informed of and could have utilized the waiver procedure to bypass the cost bond requirement for indi-gency in order to have successfully halted the administrative process at this early stage.”

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— 19 C.F.R. § 162.47(e) — 2 cases

in Re Forfeiture of 2000 Gmc Denali & Contents, 892 N.W.2d 388 (Mich. Ct. App. 2016). “19 CFR 162.47(e) provides, “Waiver of bond.”

Application of Williams, 628 F. Supp. 171 (E.D.N.Y 1986).

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