18 U.S.C. § 492

Forfeiture of counterfeit paraphernalia

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All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this chapter or of sections 331–333, 335, 336, 642 or 1720, of this title, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States.

Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be fined under this title or imprisoned not more than one year, or both.

Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just.

If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just.

Notes of Decisions

Cited in 25 cases (3 in the last 5 years), 1929–2024 · leading case: Boniella v. Commonwealth

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Boniella v. Commonwealth (2008) pacommwct · cites it 2× “[3] 18 U.S.C. § 492 . [4] At the time of Boniella's conviction, Section 471 of Title 18 of the U.”

United States v. Webb (2010) ca6 “§ 472 ; and one forfeiture count under 18 U.S.C. § 492 and 28 U.S.C. § 2461 (c).”

ABN Amro Bank N.V. v. United States (1995) uscfc · cites it 4× “In addition, defendant rests an affirmative defense, a recoupment claim, and a contingent counterclaim on 18 U.S.C. § 492 and a related Treasury regulation, 31 C.”

Mayo v. United States (1976) illinoised · cites it 3× “See Rule 56(c), Federal Rules of Civil Procedure; Wright and Miller, Federal Practice and Procedure: Civil § 2725.”

United States v. William C. Farrell (1979) cadc “Federal statutes include 18 U.S.C. § 492 (1977) (provides for forfeiture of all counterfeit money or securities of the United States, and “any articles, devices and other things made, possessed, or used in violation of this chapter .”

Alan McSurely and Margaret McSurely v. John J. McClellan (1976) cadc “Imagine hypothetically that a Secret Service agent, in the same circumstances that involved Brick, had copied and inspected currency taken from the McSurelys in order to determine if it was counterfeit money subject to forfeiture under federal law, 18 U.S.C. § 492 . Does the…”

United States v. Barney A. Gertz, Owner of 3,827 Coins Being Likenesses of the 1847 'Hapa Haneri' Issued by the Hawaiian (1957) ca9 · cites it 2× “§ 489 , and the coins are subject to forfeiture under 18 U.S.C.A. § 492 . The district court held, after trial, that possession of the coins by Gertz was not unlawful, because 18 U.”

J.S.G. Boggs v. Robert E. Rubin, Secretary of the Treasury (1999) cadc “We now hold that the district court correctly stated the standard under 18 U.S.C. § 492 , which provides in pertinent part: All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other…”

United States v. Articles of Hazardous Substance (1978) ncmd “§ 604 (mailable letters carried by private carriers); 18 U.S.C. § 492 (counterfeit coins, obligations or securities, or counterfeiting apparatus or materials); 18 U.”

Wagner v. Simon (1975) mowd · cites it 2× “After inspecting the facsimile, Secret Service Agents seized it as contraband pursuant to 18 U.S.C. § 492 (1970), 3 as being in violation of 18 U.”

Boggs v. Merletti (1997) dcd “Statutory authorization for the forfeiture of counterfeit paraphernalia is found in 18 U.S.C. § 492 . Consequently, the question that must be resolved is as to whether the Boggs Bills 4 are either contraband per se, derivative contraband or non-contraband.”

United States v. Dr. Thomas Chester Sturgeon (1976) ca8 · cites it 2× “The United States Attorney informs us that the Secret Service believes that the summary procedure by which the appellant’s property was forfeited is statutorily authorized by 18 U.S.C. § 492 . 3 This statute, providing inter alia *995 for the forfeiture of “material or…”

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