Full Title Name:  Code of Federal Regulations. Title 50. Wildlife and Fisheries. Chapter I. United States Fish and Wildlife Service, Department of the Interior. Subchapter B. Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants. Part 12. Seizure and Forfeiture Procedures. Subpart D. Disposal of Forfeited or Abandoned Property. § 12.37 Can I get my property back while the claim is pending?

If you have filed a claim and you think that continued possession of the property by the United States during the forfeiture proceeding will cause you substantial hardship, you may request under 18 U.S.C. 983(f) that the Service return the property to you pending the resolution of the judicial forfeiture proceeding. In determining whether to grant or deny your request, the Service will consider the factors set out in 18 U.S.C. 983(f). You must furnish evidence substantiating the hardship, and that none of the conditions set forth in 18 U.S.C. 983(f)(8) apply; for example, the property may not be contraband.

SOURCE: 88 FR 47818, July 25, 2023, unless otherwise noted.

AUTHORITY: 16 U.S.C. 470aa et seq., 470aaa et seq., 668 et seq., 668dd et seq., 703 et seq., 718a et seq., 742j-l, 1361 et seq., 1531 et seq., 2401 et seq., 3371 et seq., 4201 et seq., and 5301 et seq.; 18 U.S.C. 42 and 981 et seq.; 19 U.S.C. 1602–1624; 28 U.S.C. 2465; 42 U.S.C. 1996; and E.O. 13751, 81 FR 88609, amending E.O. 13112, 64 FR 6183.