28 C.F.R. § 8.7

Release before claim

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(a) After seizure for forfeiture and prior to the filing of any claim, ATF's Chief, Asset Forfeiture and Seized Property Branch, or designee, the appropriate DEA Special Agent in Charge, or designee, or the appropriate FBI Special Agent in Charge, or designee, whichever is applicable, is authorized to release property seized for forfeiture, provided:

(1) The property is not contraband, evidence of a violation of law, or any property, the possession of which by the claimant, petitioner, or the person from whom it was seized is prohibited by state or federal law, and does not have a design or other characteristic that particularly suits it for use in illegal activities; and

(2) The official designated in paragraph (a) of this section determines within 10 days of seizure that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government.

(b) Further, at any time after seizure and before any claim is referred, such seized property may be released if the appropriate official of the seizing agency determines that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government.

Notes of Decisions

Cited in 1 case, 1989–1989 · leading case: United States v. One 1985 Black Buick Auto., Bearing New York License No. AHZ 732, Veh. Identification No. 1G4BP69Y4FH800371, 725 F. Supp. 148 (W.D.N.Y. 1989).

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United States v. One 1985 Black Buick Auto., Bearing New York License No. AHZ 732, Veh. Identification No. 1G4BP69Y4FH800371, 725 F. Supp. 148 (W.D.N.Y. 1989). “such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner…”

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