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Electronic Code of Federal Regulations

e-CFR Data is current as of April 16, 2014

Title 41: Public Contracts and Property Management
PART 102-41—DISPOSITION OF SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY


Subpart B—Seized or Forfeited Personal Property


Contents
§102-41.40   How is personal property forfeited?
§102-41.45   May we place seized personal property into official use before the forfeiture process is completed?
§102-41.50   May we retain forfeited personal property for official use?
§102-41.55   Where do we send the reports for seized or forfeited personal property?
§102-41.60   Are there special requirements in reporting seized or forfeited personal property to GSA?
§102-41.65   What happens to forfeited personal property that is transferred or retained for official use?
§102-41.70   Are transfers of forfeited personal property reimbursable?
§102-41.75   May we retain the proceeds from the sale of forfeited personal property?

§102-41.40   How is personal property forfeited?

Personal property that has been seized by a Federal agency may be forfeited through court decree (judicial forfeiture) or administratively forfeited if the agency has specific authority without going through the courts.

§102-41.45   May we place seized personal property into official use before the forfeiture process is completed?

No, property under seizure and pending forfeiture cannot be placed into official use until a final determination is made to vest title in the Government.

§102-41.50   May we retain forfeited personal property for official use?

Yes, you may retain for official use personal property forfeited to your agency, except for property you are required by law to sell. Retention of large sedans and limousines for official use is only authorized under the provisions of part 102-34 of this subchapter B. Except for the items noted in §102-41.35, report to GSA all forfeited personal property not being retained for official use.

§102-41.55   Where do we send the reports for seized or forfeited personal property?

(a) Except for the items noted in paragraph (b) of this section, report seized or forfeited personal property not retained for official use to the General Services Administration, Property Management Branch (3FPD), Washington, DC 20407.

(b) Report aircraft, firearms, and vessels to the regional GSA Property Management Branch office specified in §102-36.125 of this subchapter B.

§102-41.60   Are there special requirements in reporting seized or forfeited personal property to GSA?

Yes, in addition to the information required in §102-36.235 of this subchapter B for reporting excess, you must indicate—

(a) Whether the property—

(1) Was forfeited in a judicial proceeding or administratively (without going through a court);

(2) Is subject to pending court proceedings for forfeiture, and, if so, the name of the defendant, the place and judicial district of the court from which the decree will be issued, and whether you wish to retain the property for official use;

(b) The report or case number under which the property is listed; and

(c) The existence or probability of a lien, or other accrued or accruing charges, and the amount involved.

§102-41.65   What happens to forfeited personal property that is transferred or retained for official use?

Except for drug paraphernalia (see §§102-41.210 through 102-41.235), forfeited personal property retained for official use or transferred to another Federal agency under this subpart loses its identity as forfeited property. When no longer required for official use, you must report it to GSA as excess for disposal in accordance with part 102-36 of this subchapter B. You must follow the additional provisions of subpart E of this part and part 101-42 of Chapter 101, Federal Property Management Regulations in this title when disposing of firearms, distilled spirits, wine, beer, and drug paraphernalia.

§102-41.70   Are transfers of forfeited personal property reimbursable?

Recipient agencies do not pay for the property. However, you may charge the recipient agency all costs you incurred in storing, packing, loading, preparing for shipment, and transporting the property. If there are commercial charges incident to forfeiture prior to the transfer, the recipient agency must pay these charges when billed by the commercial organization. Any payment due to lien holders or other lawful claimants under a judicial forfeiture must be made in accordance with provisions of the court decree.

§102-41.75   May we retain the proceeds from the sale of forfeited personal property?

No, you must deposit the sales proceeds in the U.S. Treasury as miscellaneous receipts, unless otherwise directed by court decree or specifically authorized by statute.



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