[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: 21CFR1316.79]

[Page 156]
 
                         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. 1316.79  Petitions for remission or mitigation of forfeiture.

    (a) Any person interested in any property which has been seized, or 
forfeited either administratively or by court proceedings, may file a 
petition for remission or mitigation of the forfeiture. Such petition 
shall be filed in triplicate with the DEA Asset Forfeiture Section or 
Special Agent-in-Charge of the DEA or FBI, depending upon which agency 
seized the property, for the judicial district in which the proceeding 
for forfeiture is brought. It shall be addressed to the Director of the 
FBI or the Administrator of the DEA, depending upon which agency seized 
the property, if the property is subject to administrative forfeiture 
pursuant to Sec. 1316.77, and addressed to the Attorney General if the 
property is subject to judicial forfeiture pursuant to Sec. 1316.78. The 
petition must be executed and sworn to by the person alleging interest 
in the property.
    (b) The petition shall include the following: (1) A complete 
description of the property, including motor and serial numbers, if any, 
and the date and place of seizure; (2) the petitioner's interest in the 
property, which shall be supported by bills of sale, contracts, 
mortgages, or other satisfactory documentary evidence; and, (3) the 
facts and circumstances, to be established by satisfactory proof, relied 
upon by the petitioner to justify remission or mitigation.
    (c) Where the petition is for restoration of the proceeds of sale, 
or for value of the property placed in official use, it must be 
supported by satisfactory proof that the petitioner did not know of the 
seizure prior to the declaration of condemnation of forfeiture and was 
in such circumstances as prevented him from knowing of the same.


(Authority: Secs. 613, 618, 46 Stat. 756, 757, as amended (19 U.S.C. 
1613, 1618; 28 U.S.C. 509 and 510; 21 U.S.C. 871 and 881(d)); 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 48 FR 35088, Aug. 3, 1983; 49 FR 1178, Jan. 10, 1984; 49 
FR 50643, Dec. 31, 1984; 56 FR 8686, Mar. 1, 1991]