This Notice is Public Record from the D.E.A.

LEGAL NOTICE 

ATTENTION 

The Drug Enforcement Administration (DEA) gives notice that the property listed below was seized for federal forfeiture for violation of federal law.  Law and procedures applicable to the forfeiture process can be found at 19 U.S.C. Sections 1602-1619, 18 U.C.S. Section 983, and 28 C.F.R. Parts 8 an 9. 

To File a Claim: You may contest the forfeiture of the property listed below in U.S. District Court by filing a claim not later than 30 days after the date of final publication of this notice of seizure, unless you received a written notice via personal letter in which case the deadline set forth in the letter shall apply.  A claim must (1) be in writing, (2) describe the seized property, (3) sate your ownership or other interest in the property, and (4) be made under oath, subject to penalty of perjury.  See 18 U.S.C. Section 983(a)(2)(C) and 28 U.S.C. Section 1746.  A claim need not be made in any particular form, but a claim form is available on this website (www.forfeiture.gov).  See 18 U.S.C. Section 983(a)(2)(D).  Claims must be sent to the DEA pursuant to the instructions shown in this notice. 

To Request Release of Property Based on Hardship:  Upon the filing of a proper claim, a claimant may request release of the seized property during pendency of forfeiture proceedings due to hardship if the claimant is able to meet specific conditions.  See 18 U.S.C. Section 983(f).  The hardship request must be in writing and Claimant must establish the following: (1) claimant has a possessory interest in the property, (2) claimant has sufficient ties to the community to assure that the property will be available at the time of trial, and (3) the government’s continued possession will cause a substantial hardship to the Claimant.  A complete list of the hardship provisions can be reviewed at 18 U.S.C. Section 983(f) and 28 C.F.R. Section 8.15.  Some assets are not eligible for hardship release. 

To File a Petition for Remission or Mitigation:  The government may consider granting petitions or remission or mitigation, which pardons all or part of the property from the forfeiture.  You may file both a claim and a Petition for Remission or Mitigation (Petition).  If you file only a petition and no one else files a claim, your petition will be decided by the seizing agency and will not be heard in U.S. District Court.  The petition must (1) include a description of your interest in the property supported by documentation, (2) include any facts you believe justify the return of the property, and (3) be signed under oath, subject to the penalty of perjury.  See 28 U.S.C. Section 1746.  For the regulations pertaining to remission or mitigation of the forfeiture, see 28 C.F.R. Sections 9.1-9.9.  The criteria for remission of the forfeiture are found at 28 C.F.R. Section 9.59(a).  The criteria for mitigation of the forfeiture are found at 28 C.F.R. Section 9.5(b).  You should file a petition not later than 30 days after the  date of final publication of this notice.  See 28 C.F.R. Section 9.3(a). 

Submit all documents to the Drug Enforcement Administration, Forfeiture Counsel, Asset Forfeiture Section, 8701 Morrissette Drive, Springfield, VA 22152.