19 U.S.C. § 2610
Evidentiary requirements
Notwithstanding the provisions of section 1615 of this title, in any forfeiture proceeding brought under this chapter in which the material or article, as the case may be, is claimed by any person, the United States shall establish—(1) in the case of any material subject to the provisions of section 2606 of this title, that the material has been listed by the Secretary in accordance with section 2604 of this title; and(2) in the case of any article subject to section 2607 of this title, that the article—(A) is documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in a State Party, and(B) was stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party concerned, whichever date is later.(Pub. L. 97–446, title III, § 311, Jan. 12, 1983, 96 Stat. 2361.)Editorial NotesReferences in TextFor the effective date of this chapter, referred to in par. (2)(B), see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title.
Statutory Notes and Related SubsidiariesEffective DateSection effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
Notes of Decisions
United States v. Ancient Coin Collectors Guild, 899 F.3d 295 (4th Cir. 2018).
· cites it 6× “(quoting 19 U.S.C. § 2610 ). In other words, the coins must have been "listed 'by type or other appropriate classification' in a manner that gives 'fair notice .”
Ancient Coin Collectors Guild v. U.S. Customs & Border Prot., 698 F.3d 171 (4th Cir. 2012).
“Under the CPIA, the government bears the initial burden in forfeiture of establishing that the coins have been “listed in accordance with section 2604,” 19 U.S.C. § 2610 , which is to say that they have been listed “by type or other appropriate classification” in a manner that…”
United States v. 3 Knife-Shaped Coins, 246 F. Supp. 3d 1102 (D. Md. 2017).
· cites it 9× “accordance with section 2604,” 19 U.S.C. § 2610 , which is to say that they have been listed “by type or other appropriate classification” in a manner that gives “fair notice .”
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