§ 3668. — Remission or mitigation of forfeitures under liquor laws; possession pending trial.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3668]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
Sec. 3668. Remission or mitigation of forfeitures under liquor
laws; possession pending trial
(a) Jurisdiction of court
Whenever, in any proceeding in court for the forfeiture, under the
internal-revenue laws, of any vehicle or aircraft seized for a violation
of the internal-revenue laws relating to liquors, such forfeiture is
decreed, the court shall have exclusive jurisdiction to remit or
mitigate the forfeiture.
(b) Conditions precedent to remission or mitigation
In any such proceeding the court shall not allow the claim of any
claimant for remission or mitigation unless and until he proves (1) that
he has an interest in such vehicle or aircraft, as owner or otherwise,
which he acquired in good faith, (2) that he had at no time any
knowledge or reason to believe that it was being or would be used in the
violation of laws of the United States or of any State relating to
liquor, and (3) if it appears that the interest asserted by the claimant
arises out of or is in any way subject to any contract or agreement
under which any person having a record or reputation for violating laws
of the United States or of any State relating to liquor has a right with
respect to such vehicle or aircraft, that, before such claimant acquired
his interest, or such other person acquired his right under such
contract or agreement, whichever occurred later, the claimant, his
officer or agent, was informed in answer to his inquiry, at the
headquarters of the sheriff, chief of police, principal Federal
internal-revenue officer engaged in the enforcement of the liquor laws,
or other principal local or Federal law-enforcement officer of the
locality in which such other person acquired his right under such
contract or agreement, of the locality in which such other person then
resided, and of each locality in which the claimant has made any other
inquiry as to the character or financial standing of such other person,
that such other person had no such record or reputation.
(c) Claimants first entitled to delivery
Upon the request of any claimant whose claim for remission or
mitigation is allowed and whose interest is first in the order of
priority among such claims allowed in such proceeding and is of an
amount in excess of, or equal to, the appraised value of such vehicle or
aircraft, the court shall order its return to him; and, upon the joint
request of any two or more claimants whose claims are allowed and whose
interests are not subject to any prior or intervening interests claimed
and allowed in such proceedings, and are of a total amount in excess of,
or equal to, the appraised value of such vehicle or aircraft, the court
shall order its return to such of the joint requesting claimants as is
designated in such request. Such return shall be made only upon payment
of all expenses incident to the seizure and forfeiture incurred by the
United States. In all other cases the court shall order disposition of
such vehicle or aircraft as provided in section 1306 of title 40, and if
such disposition be by public sale, payment from the proceeds thereof,
after satisfaction of all such expenses, of any such claim in its order
of priority among the claims allowed in such proceedings.
(d) Delivery on bond pending trial
In any proceeding in court for the forfeiture under the internal-
revenue laws of any vehicle or aircraft seized for a violation of the
internal-revenue laws relating to liquor, the court shall order delivery
thereof to any claimant who shall establish his right to the immediate
possession thereof, and shall execute, with one or more sureties
approved by the court, and deliver to the court, a bond to the United
States for the payment of a sum equal to the appraised value of such
vehicle or aircraft. Such bond shall be conditioned to return such
vehicle or aircraft at the time of the trial and to pay the difference
between the appraised value of such vehicle or aircraft as of the time
it shall have been so released on bond and the appraised value thereof
as of the time of trial; and conditioned further that, if the vehicle or
aircraft be not returned at the time of trial, the bond shall stand in
lieu of, and be forfeited in the same manner as, such vehicle or
aircraft. Notwithstanding this subsection or any other provisions of law
relating to the delivery of possession on bond of vehicles or aircraft
sought to be forfeited under the internal-revenue laws, the court may,
in its discretion and upon good cause shown by the United States, refuse
to order such delivery of possession.
(June 25, 1948, ch. 645, 62 Stat. 840, Sec. 3617; renumbered Sec. 3668,
Pub. L. 98-473, title II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987;
amended Pub. L. 107-217, Sec. 3(d), Aug. 21, 2002, 116 Stat. 1299.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 646 (Aug. 27, 1935, ch.
740, Sec. 204, 49 Stat. 878).
A minor change was made in phraseology.
References in Text
The internal-revenue laws relating to liquor, referred to in
subsecs. (a) and (d), are classified generally to chapter 51 (Sec. 5001
et seq.) of Title 26, Internal Revenue Code.
Amendments
2002--Subsec. (c). Pub. L. 107-217 substituted ``section 1306 of
title 40'' for ``sections 304f-304m of Title 40''.
Section Referred to in Other Sections
This section is referred to in section 3670 of this title.
