C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 9—REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF ADMINISTRATIVE, CIVIL, AND CRIMINAL FORFEITURES

28 C.F.R. § 9.2

Definitions

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As used in this part:

Administrative forfeiture means the process by which property may be forfeited by a seizing agency rather than through judicial proceedings. Administrative forfeiture has the same meaning as nonjudicial forfeiture, as that term is used in 18 U.S.C. 983.

Appraised value means the estimated market value of property at the time and place of seizure if such or similar property were freely offered for sale between a willing seller and a willing buyer.

Assets Forfeiture Fund means the Department of Justice Assets Forfeiture Fund or Department of the Treasury Forfeiture Fund, depending upon the identity of the seizing agency.

Attorney General means the Attorney General of the United States or his or her designee.

Beneficial owner means a person with actual use of, as well as an interest in, the property subject to forfeiture.

Chief, Asset Forfeiture and Money Laundering Section, and Chief, refer to the Chief of the Asset Forfeiture and Money Laundering Section, Criminal Division, United States Department of Justice.

General creditor means one whose claim or debt is not secured by a specific right to obtain satisfaction against the particular property subject to forfeiture.

Judgment creditor means one who has obtained a judgment against the debtor but has not yet received full satisfaction of the judgment.

Judicial forfeiture means either a civil or a criminal proceeding in a United States District Court that may result in a final judgment and order of forfeiture.

Lienholder means a creditor whose claim or debt is secured by a specific right to obtain satisfaction against the particular property subject to forfeiture. A lien creditor qualifies as a lienholder if the lien:

(1) Was established by operation of law or contract;

(2) Was created as a result of an exchange of money, goods, or services; and

(3) Is perfected against the specific property forfeited for which remission or mitigation is sought (e.g., a real estate mortgage; a mechanic's lien).

Net equity means the amount of a lienholder's monetary interest in property subject to forfeiture. Net equity shall be computed by determining the amount of unpaid principal and unpaid interest at the time of seizure and by adding to that sum unpaid interest calculated from the date of seizure through the last full month prior to the date of the decision on the petition. Where a rate of interest is set forth in a security agreement, the rate of interest to be used in this computation will be the annual percentage rate so specified in the security agreement that is the basis of the lienholder's interest. In this computation, however, there shall be no allowances for attorney fees, accelerated or enhanced interest charges, amounts set by contract as damages, unearned extended warranty fees, insurance, service contract charges incurred after the date of seizure, allowances for dealer's reserve, or any other similar charges.

Nonjudicial forfeiture has the same meaning as administrative forfeiture as defined in this section.

Owner means the person in whom primary title is vested or whose interest is manifested by the actual and beneficial use of the property, even though the title is vested in another. A victim of an offense, as defined in this section, may also be an owner if he or she has a present legally cognizable ownership interest in the property forfeited. A nominal owner of property will not be treated as its true owner if he or she is not its beneficial owner.

Person means an individual, partnership, corporation, joint business enterprise, estate, or other legal entity capable of owning property.

Petition means a petition for remission or mitigation of forfeiture under the regulations in this part. This definition includes a petition for restoration of the proceeds of sale of forfeited property and a petition for the value of forfeited property placed into official use.

Petitioner means the person applying for remission, mitigation, or restoration of the proceeds of sale, or for the appraised value of forfeited property, under this part. A petitioner may be an owner as defined in this section, a lienholder as defined in this section, or a victim as defined in this section, subject to the limitations of § 9.8.

Property means real or personal property of any kind capable of being owned or possessed.

Record means two or more arrests for related crimes, unless the arrestee was acquitted or the charges were dismissed for lack of evidence, a conviction for a related crime or completion of sentence within ten years of the acquisition of the property subject to forfeiture, or two convictions for a related crime at any time in the past.

Related crime as used in this section and § 9.6(e) means any crime similar in nature to that which gives rise to the seizure of property for forfeiture. For example, where property is seized for a violation of the federal laws relating to drugs, a related crime would be any offense involving a violation of the federal laws relating to drugs or the laws of any state or political subdivision thereof relating to drugs.

Related offense as used in § 9.8 means:

(1) Any predicate offense charged in a federal Racketeer Influenced and Corrupt Organizations Act (RICO) count for which forfeiture was ordered; or

(2) An offense committed as part of the same scheme or design, or pursuant to the same conspiracy, as was involved in the offense for which forfeiture was ordered.

Ruling official means any official to whom decision-making authority has been delegated pursuant to § 9.1(b).

Seizing agency means the federal agency that seized the property or adopted the seizure of another agency for federal forfeiture.

Victim means a person who has incurred a pecuniary loss as a direct result of the commission of the offense underlying a forfeiture. A drug user is not considered a victim of a drug trafficking offense under this definition. A victim does not include one who acquires a right to sue the perpetrator of the criminal offense for any loss by assignment, subrogation, inheritance, or otherwise from the actual victim, unless that person has acquired an actual ownership interest in the forfeited property; provided however, that if a victim has received compensation from insurance or any other source with respect to a pecuniary loss, remission may be granted to the third party who provided the compensation, up to the amount of the victim's pecuniary loss as defined in § 9.8(c).

Violator means the person whose use or acquisition of the property in violation of the law subjected such property to seizure for forfeiture.

Notes of Decisions
Cited in 12 cases, 1983–2018 · leading case: United States v. Olusola A. Alalade, A/K/A George Alalade, 204 F.3d 536 (4th Cir. 2000).
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United States v. Olusola A. Alalade, A/K/A George Alalade, 204 F.3d 536 (4th Cir. 2000). “’’ 28 C.F.R. § 9.2 (a) (1999). 2 . Under the Department of Justice’s remittance program, forfeited property will only be remitted according to specific guidelines upon the filing of a petition by the party seeking remittance.”
United States v. One Piece of Real Est., Etc., 571 F. Supp. 723 (W.D. Tex. 1983). “See 28 C.F.R. 9.2(d). *726 Of course, these regulations apply to property that is concededly forfeitable and concerning which relief from forfeiture is a matter of executive grace, whereas the interest protected in Section 881(a)(6) is now statutorily exempt from forfeiture.”
United States v. Smith, 297 F. Supp. 2d 69 (D.D.C. 2003). “” 28 C.F.R. § 9.2 (a). 4 . In the case sub judice, the defendants do not dispute that their respective mail fraud convictions under 18 U.”
United States v. All That Tract & Parcel of Land: 2306 North Eiffel Court, 602 F. Supp. 307 (N.D. Ga. 1985). “” 28 C.F.R. Part 9.2(d). The Government interprets the Regulations to mean that a lienholder such as Goldome Realty is only entitled upon forfeiture of the secured property to its unpaid principal and interest up to the time the petition for remission was granted.”
United States v. Real Prop. Located at 41741 Nat'l Trails Way, Daggett, California, & Citicorp Mortg., Inc., Claimant-Appellant, 989 F.2d 1089 (9th Cir. 1993). “28 C.F.R. § 9.2 (h) (1991). We reject the government’s contention.”
United States v. Dharia, 284 F. Supp. 3d 262 (E.D.N.Y 2018). · cites it 2× “The regulations governing the remission process, are codified in 28 C.F.R. §§ 9.2 , 9.4 and 9.8. "Victim" is defined as: *271 a person who has incurred a pecuniary loss as a direct result of the commission of the offense underlying a forfeiture .”
United States v. One Condo. Apt., 636 F. Supp. 457 (S.D. Fla. 1986). “See 28 C.F.R. 9.2(d). This practice is unaffected by the enactment of 21 U.”
Malladi Drugs & Pharm., Ltd. v. Tandy, 538 F. Supp. 2d 162 (D.D.C. 2008). “See 28 C.F.R. § 9.2 (n) (“The term petition means a petition for remission or mitigation of forfeiture under the regulations in this part.”
United States v. One 1989 Harley Davidson Motorcycle Vin 1HD1EGL15KY1103-85, 743 F. Supp. 589 (C.D. Ill. 1990). “at 724, 725 ; 28 C.F.R. 9.2(d). The court reasoned that Congress intended to give lienholders the same protection under the statute that they had previously received under the administrative process.”
United States v. Guidant LLC, 708 F. Supp. 2d 903 (D. Minnesota 2010). “” 28 C.F.R. § 9.2 (v). The Government states that it “specifically contemplated the crime victim remission provisions in negotiating the forfeiture provisions of the plea agreement in this case notwithstanding the fact that the restitution statutes do not apply at sentences to…”
United States v. 8.4 Acres of Land, 648 F. Supp. 79 (D.S.C. 1986). “See 28 C.F.R. 9.2(d). Accordingly, in the present case, the government has agreed to pay all unpaid principal at the date of seizure.”
United States v. Alalade (4th Cir. 2000). “" 28 C.F.R. § 9.2 (a) (1999). 2 Under the Department of Justice's remittance program, forfeited prop- erty will only be remitted according to specific guidelines upon the filing of a petition by the party seeking remittance.”
— 28 C.F.R. § 9.2(d) — 5 cases
United States v. One Piece of Real Est., Etc., 571 F. Supp. 723 (W.D. Tex. 1983). “See 28 C.F.R. 9.2(d). *726 Of course, these regulations apply to property that is concededly forfeitable and concerning which relief from forfeiture is a matter of executive grace, whereas the interest protected in Section 881(a)(6) is now statutorily exempt from forfeiture.”
United States v. All That Tract & Parcel of Land: 2306 North Eiffel Court, 602 F. Supp. 307 (N.D. Ga. 1985). “” 28 C.F.R. Part 9.2(d). The Government interprets the Regulations to mean that a lienholder such as Goldome Realty is only entitled upon forfeiture of the secured property to its unpaid principal and interest up to the time the petition for remission was granted.”
United States v. One Condo. Apt., 636 F. Supp. 457 (S.D. Fla. 1986). “See 28 C.F.R. 9.2(d). This practice is unaffected by the enactment of 21 U.”
United States v. One 1989 Harley Davidson Motorcycle Vin 1HD1EGL15KY1103-85, 743 F. Supp. 589 (C.D. Ill. 1990). “at 724, 725 ; 28 C.F.R. 9.2(d). The court reasoned that Congress intended to give lienholders the same protection under the statute that they had previously received under the administrative process.”
United States v. 8.4 Acres of Land, 648 F. Supp. 79 (D.S.C. 1986). “See 28 C.F.R. 9.2(d). Accordingly, in the present case, the government has agreed to pay all unpaid principal at the date of seizure.”
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