§987 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When the government takes property under laws about suspected international terrorists’ assets, the owner can challenge that seizure by filing a claim under the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims). The owner can say either the property is not covered by those seizure laws or that they are an innocent owner under section 983(d) of title 18. A court may accept evidence normally barred by the Federal Rules of Evidence if the judge finds it reliable and strict rules would harm U.S. national security. Leaving some laws out of the term “civil forfeiture statute” in section 983(i) does not stop an owner from challenging the seizure under subsection (a), the Constitution, or the Administrative Procedure Act (subchapter II of chapter 5, title 5). This section also does not limit other remedies under section 983 or other laws.

Title 18, §987

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)An owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that—

(1)the property is not subject to confiscation under such provision of law; or

(2)the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the case.

(b)In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.

(c)(1)The exclusion of certain provisions of Federal law from the definition of the term “civil forfeiture statute” in section 983(i) of title 18, United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under—

(A)subsection (a) of this section;

(B)the Constitution; or

(C)subchapter II of chapter 5 of title 5, United States Code (commonly known as the “Administrative Procedure Act”).

(2)Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 of title 18, United States Code, or any other provision of law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Supplemental Rules for Certain Admiralty and Maritime Claims, which are set out as part of the Federal Rules of Civil Procedure, were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The Federal Rules of Evidence, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 107–56, title III, § 316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which was set out as a note under section 983 of this title, prior to repeal by Pub. L. 109–177, § 406(b)(2).

§987 Anti-terrorist forfeiture protection