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the date of first publication a claim for (b) Reimbursement for official use by said property.

the finding bureau or transfer for offi(4) A complete mailing address is to cial use of abandoned or other unbe provided as a point of contact with claimed property that has been placed in the bureau for any person to obtain in a special fund by the bureau for additional information concerning the more than three years shall be deposproperty or the procedures involved in ited in the Treasury of the United filing a claim.

States as miscellaneous receipts, or in

such other bureau accounts as provided Notice must be published once a week

by law. for at least three successive weeks. Sound judgment and discretion must $128–48.150 Determination of type of be used in selecting the publication

property. medium. Advertisements should be

If a bureau is unable to determine placed in a publication of general circulation within the judicial district

whether the personal property in its

custody is abandoned or voluntarily where the property was found.

abandoned, the bureau shall contact (d) Property, as described in para

the regional office of the General Servgraphs (b) and (c) of this section, shall

ices Administration for the region in be held for a period of 30 days from the

which the property is located for such date of the first publication of notice.

a determination. Upon the expiration of this 30-day period, title to such property vests in the United States, except that title reverts

Subpart 128-48.3—Disposal of to the owner where a proper claim is

Abandoned and Forfeited filed within three years from the date Personal Property of vesting of title in the United States, but if the property has been in official $128-48.305–1 Abandoned or other un. use, transferred for official use, or sold

claimed property. at the time the proper claim is ap Proceeds from the sale of abandoned proved, title shall not revert back to or other unclaimed property that have the former owner. The former owner been placed in a special fund by a bushall instead obtain reimbursement in reau for more than three years shall be accordance with 41 CFR 101–48.1024 or deposited in the Treasury of the United 101-48.305–1.

States as miscellaneous receipts, or in (e) If the owner of such property is such other bureau accounts as provided unknown and the estimated value of by law. the property is $100 or less, no notice is required, and the property shall be held Subpart 128-48.50—Proper Claims for a period of 30 days from the date of

for Abandoned or Other Unfinding the property. Upon expiration of this 30-day period, title to such prop

claimed Personal Property erty vests in the United States.

$ 128–48.500 Scope of subpart. § 128-48.102-4 Proceeds.

This subpart sets forth the policies in (a) Records of abandoned or other un regard to proper claims for abandoned claimed property will be maintained in

or other unclaimed property. such a manner as to permit identifica

$ 128–48.501 Definitions. tion of the property with the original owner, if known, when such property is

§ 128–48.501–1 Determining official. put into official use or transferred for official use by the finding bureau.

The official who has the authority to Records will be maintained until the

grant or deny the claim for the abanthree-year period for filing claims has doned or other unclaimed property. elapsed to enable the bureau to determine the amount of reimbursement due

§ 128-48.501-2 Claimant. to a former owner who has filed a prop The person who submitted the claim er claim for abandoned or other un for the abandoned or other unclaimed claimed property.

property.

$ 128–48.501-3 Owner.

The person who has primary and direct title to property (see 28 CFR 9.2(e)).

$ 128 48.5014 Person.

An individual, partnership, corporation, joint venture, or other entity capable of owning property (see 28 CFR 9.2(f)).

(b) If the claim is filed before title has vested in the United States, the determining official shall not grant the claim for the abandoned or other unclaimed property unless the claimant establishes a valid, good faith interest in the property.

(c) If the claim is filed after title has vested in the United States, the determining official shall not grant the claim for abandoned or other unclaimed property unless the claimant:

(1) Establishes that he would have a valid, good faith interest in the property had not title vested in the United States; and

(2) Establishes that he had no actual or constructive notice, prior to the vesting of title in the United States, that the property was in the custody of a bureau and that title, after the appropriate time period, would vest in the United States. A claimant shall be presumed to have constructive notice upon publication in a suitable medium concerning the property unless he was in such circumstances as to prevent him from knowing of the status of the property or having the opportunity to see the notice.

PART 128-50-SEIZED PERSONAL

PROPERTY

8 128 48.502 Procedures relating to

claims. (a) Upon receipt of a claim, an investigation shall be conducted to determine the merits of the claim, and the investigation's report shall be submitted to the determining official.

(b) The determining official shall be designated by the head of a bureau.

(c) Upon receipt of a claim and the report thereon by the determining official, he shall make a ruling based upon the claim and the investigation's report.

(d) Notice of the granting or denial of a claim for abandoned or other unclaimed property shall be mailed to the claimant or his attorney. If the claim is granted, the conditions of relief and the procedures to be followed to obtain the relief shall be set forth. If the claim is denied, the claimant shall be advised of the reason for such denial.

(e) A request for reconsideration of the claim may be submitted within 10 days from the date of the letter denying the claim. Such request shall be addressed to the head of the bureau and shall be based on evidence recently developed or not previously considered. 8 128–48.503 General procedures.

(a) Claims shall be sworn and shall include the following information in clear and concise terms:

(1) A complete description of the property including serial numbers, if any.

(2) The interest of the claimant in the property, as owner, mortgagee, or otherwise, to be supported by bills of sale, contracts, mortgages, or other satisfactory documentary evidence.

(3) The facts and circumstances, to be established by satisfactory proof, relied upon by the claimant to justify the granting of the claim.

Sec. 128–50.000 Scope of part. 128–50.001 Definitions. 128–50.001–1 Seized personal property.

Subpart 128-50.1-Storage and Care of

Seized Personal Property

128–50.100 Storage and care. 128–50.101 Inventory records. 128-50.102 Periodic reviews. 128–50.103 Investigation of any discrepancy.

AUTHORITY: 41 CFR 128–1.105.

SOURCE: 43 FR 3279, Jan. 24, 1978, unless otherwise noted.

§ 128–50.000 Scope of part.

This part prescribes the policies for the storage and care of seized personal property; the preparation and maintenance of inventory records of its seized personal property; the conducting of periodic internal reviews; and the investigation of any discrepancy between the inventory records and the actual amount of its seized personal property. § 128–50.001 Definitions.

(c) The location of storage of the property is recorded;

(d) A well documented chain of custody is kept; and

(e) All information in the inventory records is accurate and current.

$ 128–50.001-1 Seized personal prop

erty. Personal property for which the Government does not have title but which the Government has obtained custody or control of in accordance with 15 U.S.C. 1177; 18 U.S.C. 924(d), 1955(d), 2513, 3611, 3612, 3615; 19 U.S.C. 1595a; 21 U.S.C. 881; 22 U.S.C. 401; Fed. R. Crim. P. 41(b); 28 CFR 0.86, 0.89, 0.111(j), 3.5, 3.6, 8.1, 8.2, 9a.1, 9a.2; or other statutory authority.

Subpart 128-50.1-Storage and Care of Seized Personal Property § 128–50.100 Storage and care.

(a) Each bureau shall be responsible for providing that its seized personal property storage facilities meet the safeguarding standards applicable to the type of property being stored.

(b) Each bureau shall be responsible for performing care on its seized personal property to prevent the unnecessary deterioration of such property. In particular, a bureau preparing a seized vehicle for storage should be at a minimum;

(1) Protect the cooling system from freezing;

(2) Protect the battery by assuring it is properly watered;

(3) Protect the tires by inflating to correct pressure;

(4) Remove all articles found in the vehicle's interior (for example, easily removable radios, tape players, and speakers) and all exterior accessories (for example, wheel covers) that are subject to pilferage and properly store them; and

(5) Shut all windows and lock all doors and compartments that have locks.

$ 128–50.102 Periodic reviews.

Each bureau shall be responsible for performing an independent accountability review at least once a year to ensure compliance with this subpart and with the bureau's procedures for the handling, storage, and disposal of its seized personal property. In particular, a bureau conducting a review shall verify that the inventory records are accurate, current, and are being kept in accordance with established inventory procedures. 8128_50,103 Investigation of any dis

crepancy. (a) Upon discovery of any discrepancy between the inventory records and the bureau's actual amount of seized personal property, a board of survey shall conduct an investigation in accordance with 41 CFR 128-51.1.

(b) If the discrepancy cannot be eliminated and involves a shortage, the bureau shall notify the U.S. attorney in charge of the litigation involving the missing property of the shortage as soon as possible.

(c) If the discrepancy cannot be eliminated and involves an overage, the bureau shall determine if the property has any evidentiary value. If the property does have evidentiary value, the property shall be properly stored and inventoried. If the property does not have any evidentiary value, the bureau shall determine whether the property is forfeitable to the United States, voluntarily abandoned, or abandoned. Proper proceedings shall be commenced as soon as possible to vest title of the forfeitable property in the United States. The voluntarily abandoned and abandoned property shall be kept in custody in accordance with 41 CFR 101-48 and any applicable Justice property management regulations.

$ 128–50.101 Inventory records.

Each bureau shall be responsible for establishing and maintaining inventory records of its seized personal property to ensure that:

(a) The date the property was seized is recorded;

(b) All of the property associated with a case is recorded together under the case name and number;

CHAPTERS 129-200 (RESERVED]

Subtitle D—Other Provisions

Relating to Property Management [Reserved]

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