General rules for civil forfeiture proceedings

If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either— The period for sending notice under this paragraph may be extended only if there is reason to believe that notice may have an adverse result, including— A claim shall— If the Government does not— before the time for filing a complaint has expired— In determining whether to authorize counsel to represent a person under subparagraph (A), the court shall take into account such factors as— In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property— With respect to a property interest in existence at the time the illegal conduct giving rise to forfeiture took place, the term “innocent owner” means an owner who— For the purposes of this paragraph, ways in which a person may show that such person did all that reasonably could be expected may include demonstrating that such person, to the extent permitted by law— With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, the term “innocent owner” means a person who, at the time that person acquired the interest in the property— An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if— If the court determines, in accordance with this section, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in such property, the court may enter an appropriate order— In this subsection, the term “owner”— does not include— Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interest in the property, which motion shall be granted if— Any proceeding described in subparagraph (A) shall be commenced— A claimant under subsection (a) is entitled to immediate release of seized property if— The petition described in subparagraph (A) shall set forth— If— If the court grants a petition under paragraph (3)— the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including— This subsection shall not apply if the seized property— In this section, the term “civil forfeiture statute”— does not include— Upon application of the United States, the court may enter a restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants, or trustees, or take any other action to seize, secure, maintain, or preserve the availability of property subject to civil forfeiture— prior to the filing of such a complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that—