The Oklahoma Bar Journal March 2023

filed, you may not be able to contest the forfeiture of this asset in any other proceeding, criminal or civil .” 17 Although the DOJ’s letter does not explicitly say a claimant has no right to appeal a petition denial, it does say the claimant cannot con test the forfeiture if the claimant does not file a claim. The deadline to file a petition is 30 days from receipt of the seizure letter while to file a claim is 35 days from the date of the seizure letter. 18 Under DOJ regulations, filing a claim requires the agency to stop the administrative forfeiture proceed ing and either return the property or transmit the claim to the U.S. Attorney’s Office for judicial pro ceedings. 19 Because the deadlines to file a petition or claim end about the same time, it is not possible under DOJ regulations to wait for a decision on the petition before

filing a claim to force judicial pro ceedings. This means the claimant must file a claim in order to protect their rights to judicial review and avoid a discretionary denial of the request to return property. In contrast to DOJ procedures, CBP seizure letters use a different form than DOJ letters but explain a similar procedure. 20 CBP letters also provide for filing a petition or claim but also suggest a com promise offer, abandonment or taking no action at all. 21 In support, CBP letters cite 18 U.S.C. §983; 19 U.S.C. §§1614, 1617, 1618; 19 C.F.R. Parts 161 and 171. 22 The deadline to file a petition with CBP is 30 days from the date of the seizure letter. 23 However, the CBP letter states the claimant can file a claim requesting referral to the U.S. attorney within 60 days after a petition denial. 24 The CBP regulations do not actually

actions a claimant may take and that cites relevant statutes and regulations. DOJ seizures rely on 28 C.F.R. Parts 8 and 9. CBP seizures rely on 19 C.F.R. Parts 161 and 171. The DOJ’s seizure letter explains that a claimant may 1) “request a pardon of the property” by filing a petition for remission or mitigation, 2) “contest the forfeiture” by filing a claim or 3) request a hardship release of property. 15 In support, the FBI seizure letter cites 18 U.S.C. §§983, 1001, 1621; 19 U.S.C. §§1602 1619; 28 U.S.C. §1746; 28 C.F.R. Parts 8 and 9. The Drug Enforcement Administration seizure letters additionally cite 21 U.S.C. §881. 16 It is important to notice in the two pages of single-spaced, small text, the letter states, “If you do not file a claim, you will waive your right to contest the forfeiture of the asset. Additionally, if no other claims are

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THE OKLAHOMA BAR JOURNAL