[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1316.76]

[Page 155]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1316--ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES--Table of Contents
 
       Subpart E--Seizure, Forfeiture, and Disposition of Property
 
Sec. 1316.76  Requirements as to claim and bond.

    (a) The bond shall be rendered to the United States, with sureties 
to be approved by the custodian or DEA Asset Forfeiture Section, 
conditioned that in the case of condemnation of the property the obligor 
shall pay all costs and expenses of the proceedings to obtain such 
condemnation. When the claim and bond are received by the custodian or 
DEA Asset Forfeiture Section, he shall, after finding the documents in 
proper form and the sureties satisfactory, transmit the documents, 
together with a description of the property and a complete statement of 
the facts and circumstances surrounding the seizure, to the United 
States Attorney for the judicial district in which the proceeding for 
forfeiture is brought. If the documents are not in satisfactory 
condition when first received, a reasonable time for correction may be 
allowed. If correction is not made within a reasonable time the 
documents may be treated as nugatory, and the case shall proceed as 
though they had not been tendered.
    (b) The filing of the claim and the posting of the bond does not 
entitle the claimant to possession of the property, however, it does 
stop the administrative forfeiture proceedings. The bond posted to cover 
corts may be in cash, certified check, or satisfactory sureties. The 
costs and expenses secured by the bond are such as are incurred after 
the filing of the bond including storage cost, safeguarding, court fees, 
marshal's costs, etc.


(Authority: Sec. 608, 46 Stat. 755 (19 U.S.C. 1608); Pub. L. 98-473, 
Pub. L. 98-573)

[36 FR 7820, Apr. 24, 1971. Redesignated at 38 FR 26609, Sept. 24, 1973 
and amended at 49 FR 1178, Jan. 10, 1984; 49 FR 50643, Dec. 31, 1984; 56 
FR 8686, Mar. 1, 1991]