28 C.F.R. § 8.8
Commencing the administrative forfeiture proceeding
An administrative forfeiture proceeding begins when notice is first published in accordance with § 8.9(a), or the first personal written notice is sent in accordance with § 8.9(b), whichever occurs first.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1987–2024 · leading case: Langbord v. United States Department of the Treasury
Langbord v. United States Department of the Treasury (2016)
“28 C.F.R. § 8.8 . The Majority makes the footnoted assertion, at the government’s urging, that, “although CAFRA does not specify the content of nonjudicial forfeiture notices, a letter that explicitly disavows any intent to initiate a forfeiture surely cannot 2 The regulations…”
Perry v. United States (1993)
“In a certified return-receipt letter, signed by plaintiff, on March 10, 1988, the Administrative Services Division of the FBI informed plaintiff, pursuant to 28 C.F.R. § 8.8 (1987), of the January 30, 1988 seizure and intended administrative forfeiture of property.”
Horne v. Office of United States Attorney General (1987)
“47 (c) (1986); see also 28 C.F.R. § 8.8 (b) (1986). If no claim and cost bond is filed, then the agency declares the property forfeited.”
United States v. $30,000.00 and $40,000.00 in United States Currency (2024)
“Notwithstanding, Claimant further asserts that Section 983(a)(3)(A)’s 90-day timeline starts to run when an administrative forfeiture proceeding begins pursuant to 28 C.F.R. § 8.8 , that is when notice is first sent or published, whichever occurs first.”
Jackson v. McNeil (2020)
“16 The complaint alleges that Kyle McNeil was the FBI Agent that coordinated and ran the 17 joint task operation that seized plaintiff’s vehicles.”
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