18 U.S.C. § 492: Forfeiture of counterfeit…

Summary

Counterfeit coins, fake government bonds or securities, and any tools, materials, or devices used to make them become property of the United States if someone has them without permission from the Secretary of the Treasury or another proper official. If a person in control of these items refuses to hand them over when an authorized Treasury agent asks, they can be fined, jailed for up to one year, or both. Before the items are disposed of, a person with an interest can ask the Secretary of the Treasury to cancel or reduce the forfeiture. The Secretary can do so if the person did not act with willful negligence or intent to break the law, or if there are other fair reasons. If the seizure also involves crimes beyond currency or securities offenses, the request is sent to the Attorney General, who may cancel or reduce the forfeiture on reasonable terms.

Title 18, §492

Crimes and Criminal Procedure, Source: USLM XML via OLRC

All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this chapter or of section 331–333, 335, 336, 642 or 1720, of this title, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States. Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be fined under this title or imprisoned not more than one year, or both. Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just. If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 286 (Mar. 4, 1909, ch. 321, § 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, § 4, 52 Stat. 7). Section was materially shortened through merger of former third and fourth sentences with present first and second paragraphs by extending latter to include “articles, devices, and other things”. This necessitated many insertions and deletions in the first two paragraphs, which, however, did not affect the substance of the section. A reference in the former third sentence to violations of certain sections was broadened to read “in violation of this chapter or of section 331–333, 335–336, 642, 1720, of this title” and incorporated in the first paragraph. This translation extends for the first time the provisions of this section to subject matter of section 493–496, 498, 499, 504–509 of this title. All of the sections covered by the original reference in this section are represented in the translation except section 261, now section 8 of this title, and section 287 of title 18, U.S.C., 1940 ed., which were omitted therefrom as unnecessary, since the former is definitive and the latter related to procedure only, and is superseded by rule 41(a), (b) of the Federal Rules of Criminal Procedure. The revised section was so written as to limit the authority of the Secretary of the Treasury to forfeitures within the

Enforcement

powers of the Treasury Department, which advises that it does not investigate counterfeiting offenses not involving coins, currency, or Government obligations and securities. The Attorney General is the appropriate officer to remit or mitigate other forfeitures. Changes in phraseology were also made.

Editorial Notes

Amendments

2002—Pub. L. 107–273 substituted “under this title” for “not more than $100” in second par.

§492 Forfeiture of Counterfeit Paraphernalia