An administrative forfeiture is not really a
proceeding, at all, in the judicial sense. It is more
like an abandonment. In 2000, however, Congress
substantially revised the rules governing
administrative forfeitures to ensure that property
owners are afforded due process. The procedural
statutes governing administrative forfeiture
procedures are 18 U.S.C. §§ 983(a)(1) and (2)
(enacted by CAFRA), and 19 U.S.C. §§ 1602-
1613. See United States v. $557,933.89, More or
Less, in U.S. Funds, 287 F. 3d 66, 77 n.7 (2d Cir.
2002) (procedures set forth in 19 U.S.C. §§ 1602-
1613 are superceded by CAFRA where
inconsistent). Under CAFRA, the seizing agency
must begin the forfeiture proceeding within a
fixed period of time and must give the property
owner ample time to file a claim. Then, if
someone files a claim, the agency has another
fixed period of time in which to refer the matter to
a prosecutor for the commencement of a judicial
forfeiture action, or to simply return the property
An administrative forfeiture is not really aproceeding, at all, in the judicial sense. It is morelike an abandonment. In 2000, however, Congresssubstantially revised the rules governingadministrative forfeitures to ensure that propertyowners are afforded due process. The proceduralstatutes governing administrative forfeitureprocedures are 18 U.S.C. §§ 983(a)(1) and (2)(enacted by CAFRA), and 19 U.S.C. §§ 1602-1613. See United States v. $557,933.89, More orLess, in U.S. Funds, 287 F. 3d 66, 77 n.7 (2d Cir.2002) (procedures set forth in 19 U.S.C. §§ 1602-1613 are superceded by CAFRA whereinconsistent). Under CAFRA, the seizing agencymust begin the forfeiture proceeding within afixed period of time and must give the propertyowner ample time to file a claim. Then, ifsomeone files a claim, the agency has anotherfixed period of time in which to refer the matter toa prosecutor for the commencement of a judicialforfeiture action, or to simply return the property
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