PART 233—INSPECTION SERVICE AUTHORITY Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 406, 410, 411, 1003, 3005(e)(1), 3012, 3017, 3018; 12 U.S.C. 3401-3422; 18 U.S.C. 981, 983, 1956, 1957, 2254, 3061; 21 U.S.C. 881; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-208, 110 Stat. 3009; Secs. 106 and 108, Pub. L. 106-168, 113 Stat. 1806 (39 U.S.C. 3012, 3017); Pub. L. 114-74, 129 Stat. 584. § 233.1 Arrest and investigative powers of Postal Inspectors. (a) Authorization. (1) Serve warrants and subpoenas issued under the authority of the United States; (2) Make arrests without warrant for offenses against the United States committed in their presence; (3) Make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; (4) Carry firearms; and (5) Make seizures of property as provided by law. (b) Limitations. (1) In the enforcement of laws regarding property in the custody of the Postal Service, property of the Postal Service, the use of the mails, and other postal offenses. With the exception of enforcing laws related to the mails: (i) The Office of Inspector General will investigate all allegations of violations of postal laws or misconduct by postal employees, including mail theft; and (ii) The Inspection Service will investigate all allegations of violations of postal laws or misconduct by all other persons. (2) To the extent authorized by the Attorney General pursuant to agreement between the Attorney General and the Postal Service, in the enforcement of other laws of the United States, if the Attorney General determines that the violation of such laws will have a detrimental effect upon the operations of the Postal Service. (c) Administrative subpoenas may be served by delivering a copy to a person or by mailing a copy to his or her last known address. For the purposes of this provision, delivery of a copy includes handing it to the party or leaving it at the party's office or residence with a person of suitable age and discretion employed or residing therein. Service by mail is complete upon mailing. (d) In conducting any investigation, Postal Inspectors are authorized to accept, maintain custody of, and deliver mail. [36 FR 4762, Mar. 12, 1971, as amended at 38 FR 19124, July 18, 1973. Redesignated at 46 FR 34330, July 1, 1981; 52 FR 12901, Apr. 20, 1987; 56 FR 55823, Oct. 30, 1991; 60 FR 5581, Jan. 30, 1995; 67 FR 16024, Apr. 4, 2002; 72 FR 39011, July 17, 2007] § 233.2 Circulars and rewards. (a) Circulars. (b) Rewards. Notice of Reward, (i) Robbery or attempted robbery. (ii) Mailing or causing to be mailed bombs, explosives, poison, weapons of mass destruction. (iii) Post Office burglary. (iv) Stealing or unlawful possession of mail or money or property of the United States under the custody or control of the Postal Service, including property of the Postal Service. (v) Destroying, obstructing, or retarding the passage of mail. (vi) Altering, counterfeiting, forging, unlawful uttering or passing of postal money orders; or the unlawful use, counterfeiting or forgery of postage stamps or other postage; or the use, sale, or possession with intent to use or sell, any forged or counterfeited postage stamp or other postage. (vii) Assault on postal employee. (viii) Murder or manslaughter of a postal employee. (ix) Mailing or receiving through the mail any visual depiction involving the use of a minor engaging in sexually explicit conduct, or the use of the mail to facilitate any crime relating to the sexual exploitation of children. (x) The use of the mails or any Postal Service product or service to engage in money laundering, mailing, or causing to be mailed any money or other financial instrument which has been obtained illegally, (xi) Using the mail to execute a scheme to defraud or obtain money or property from another by false pretenses or promises. (xii) Illegally mailing or causing to be mailed controlled substances, narcotics, illegal drugs, or the proceeds from the sale of illegal drugs. (xiii) Illegally mailing or causing to be mailed any firearm. (xiv) Defrauding the USPS Workers' Compensation Program by any current or former postal employee. (2) The postmaster or a designated employee should personally present reward notices to representatives of firms transporting mail, security or detective units of firms, police officers, sheriffs and their deputies, if practicable, and encourage their cooperation in protecting mail and Postal Service property. (See 273.14 of the Administrative Support Manual). Note 1 to paragraph (b): The text of Poster 296, referred to in paragraph (b)(1) of this section, reads as follows: The United States Postal Inspection Service may pay rewards up to the listed amounts for the apprehension of fugitives sought in the connection of the below listed offenses or for information and services leading to the arrest and conviction of any person for the below listed offenses: Offenses Against USPS Employees/Contractors MURDER OR MANSLAUGHTER: $250,000 The unlawful killing of any officer, employee, or contractor of the Postal Service TM ROBBERY: $150,000 Robbery or attempted robbery of any custodian of any mail, money, or other property of the United States under the control and jurisdiction of the Postal Service. ASSAULT ON POSTAL EMPLOYEES: $150,000 Forcibly assaulting any officer or employee of the Postal Service while engaged in or on account of the performance of his or her official duties. Offenses Involving Mailings BOMBS, EXPLOSIVES, WEAPONS OF MASS DESTRUCTION, POISONS: $250,000 Mailing or causing to be mailed any bombs, explosives, actual or simulated weapons of mass destruction, dangerous chemicals or biological materials that may kill or harm another, or injure the mail or other property, or the placing of any bomb or explosive in a postal facility, vehicle, depository, or receptacle established, approved, or designated by the Postmaster General or their designee for the receipt of mail. CONTROLLED SUBSTANCES, NARCOTICS: $100,000 Illegally mailing or causing to be mailed any controlled substances, illegal drugs, or the proceeds from the sale of illegal drugs. MONEY LAUNDERING: $100,000 The use of the mails or any Postal Service product or service to engage in money laundering, mailing or causing to be mailed any money or other financial instrument which has been obtained illegally. FIREARMS: $100,000 Illegally mailing or causing to be mailed any firearm. SEXUAL EXPLOITATION OF CHILDREN: $150,000 The use of the mail to traffic in child pornography or facilitate any other crime relating to the sexual exploitation of children. MAIL FRAUD: $100,000 The use of the mail to execute a scheme to defraud or obtain money or property from another by false pretenses or promises. Offenses Involving Theft of Mail or USPS Property BURGLARY OF POST OFFICE: $100,000 Breaking into, or attempting to break into, a Post Office TM THEFT OF MAIL OR POSTAL SERVICE PROPERTY: $100,000 Theft or attempted theft of any mail, or the contents thereof, or the theft of money or any other property of the Postal Service or the United States under the custody and control of the Postal Service from any custodian, postal vehicle, railroad depot, airport, or other transfer point, Post Office, or station, receptacle, or depository established, approved, or designated by the Postmaster General for the receipt of mail; possession of any item above which was stolen from Postal Service custody; or destroying, obstructing, or retarding the passage of mail, or any carrier or conveyance carrying the mail. THEFT OF POSTAL MONEY ORDERS: $100,000 Theft or possession of stolen postal money orders or any Postal Service equipment used to imprint money orders; or altering, counterfeiting, forging, unlawful uttering, or passing of Postal money orders. POSTAGE OR METER TAMPERING: $100,000 The unlawful use, reuse, or forgery of postage stamps, postage meter stamps, permit imprints, or other postage; or the use, sale, or possession with intent to use or sell any used, forged, or counterfeited postage stamp or other postage. WORKERS COMPENSATION FRAUD: $100,000 Defrauding the USPS Workers' Compensation Program by any current or former postal employee. Related Offenses The United States Postal Service also offers rewards as stated above for information and services leading to the arrest and conviction of any person: (1) for being an accessory to any of the above crimes; (2) for receiving or having unlawful possession of any mail, money, or property secured through the above crimes; and (3) for conspiracy to commit any of the above crimes. General Provisions 1. The Postal Inspection Service investigates the above-described crimes. Information concerning the violations, requests for applications for rewards, and written claims for rewards should be furnished to the nearest Postal Inspector. The written claim for reward payment must be submitted within 6 months from the date of conviction of the offender, the date of arrest of a previously convicted fugitive, the date of formally deferred prosecution, or the date of the offender's death if the offender was killed while committing a crime or resisting lawful arrest for one of the above offenses. 2. Reward amounts shown above are the maximum amounts that may paid; however, the Chief Postal Inspector may authorize rewards in excess of the maximum amounts for specific matters. The maximum reward amount that may be paid for information leading to the apprehension of fugitives, or for information and services leading to the arrest and conviction of any person for specific matters, or incidents may be set forth in the specific circular or notices and may be less than the maximum amount listed above. 3. Overall, the actual amount paid on any reward will be based on the significance of information provided or services rendered, character of the offender, risks and hazards involved, time spent, and expenses incurred. 4. The term “custodian” as used herein includes any person having lawful charge, control, or custody of any mail matter, or any money or other property of the United States under the control and jurisdiction of the United States Postal Service. 5. The Postal Service reserves the right to reject a claim for reward where there has been collusion or criminal involvement, or improper methods have been used to effect an arrest or to secure a conviction. It has the right to allow only one reward when several persons were convicted of the same offense, or one person was convicted of several of the above offenses. Postal employees are not eligible to receive a reward. 6. Rewards for additional offenses not specifically listed in this notice may be offered upon approval of the Chief Postal Inspector [39 U.S.C. 404 (a) (7)]. (c) Authorization. [36 FR 4673, Mar. 12, 1971, as amended at 42 FR 43836, Aug. 31, 1977. Redesignated at 46 FR 34330, July 1, 1981, and amended at 47 FR 26832, June 22, 1982; 47 FR 46498, Oct. 19, 1982; 49 FR 15191, Apr. 18, 1984; 54 FR 37795, Sept. 13, 1989; 55 FR 32251, Aug. 8, 1990; 59 FR 5326, Feb. 4, 1994; 60 FR 54305, Oct. 23, 1995; 63 FR 52160, Sept. 30, 1998; 69 FR 16166, Mar. 29, 2004; 88 FR 47025, July 21, 2023] § 233.3 Mail covers. (a) Policy. (b) Scope. (c) Definitions. (1) Mail cover (i) Protect national security, (ii) Locate a fugitive, (iii) Obtain evidence of commission or attempted commission of a crime, (iv) Obtain evidence of a violation or attempted violation of a postal statute, or (v) Assist in the identification of property, proceeds or assets forfeitable under law. (2) For the purposes of § 233.3 record (3) Sealed mail TM (4) Unsealed mail TM (5) Fugitive (6) Crime, (7) Postal statute (8) Law enforcement agency (i) Investigate the commission or attempted commission of acts constituting a crime, or (ii) Protect the national security. (9) Protection of the national security (i) An attack or other grave, hostile act; (ii) Sabotage, or international terrorism; or (iii) Clandestine intelligence activities, including commercial espionage. (10) Emergency situation (d) Authorizations—Chief Postal Inspector. (2) Except for national security mail covers, the Chief Postal Inspector may also delegate any or all authority to the Manager, Inspector Service Operations Support Group, and, for emergency situations, to Inspectors in Charge. The Manager, Inspection Service Operations Support Group, may delegate this authority to no more than two designees at each Operations Support Group. (3) All such delegations of authority shall be issued through official, written directives. Except for delegations at Inspection Service Headquarters, such delegations shall only apply to the geographic areas served by the Manager, Inspection Service Operation Support Group, or designee. (e) The Chief Postal Inspector, or his designee, may order mail covers under the following circumstances: (1) When a written request is received from a postal inspector that states reason to believe a mail cover will produce evidence relating to the violation of a postal statute. (2) When a written request is received from any law enforcement agency in which the requesting authority specifies the reasonable grounds to demonstrate the mail cover is necessary to: (i) Protect the national security, (ii) Locate a fugitive, (iii) Obtain information regarding the commission or attempted commission of a crime, or (iv) Assist in the identification of property, proceeds or assets forfeitable because of a violation of criminal law. (3) When time is of the essence, the Chief Postal Inspector, or designee, may act upon an oral request to be confirmed by the requesting authority in writing within three calendar days. Information may be released by the Chief Postal Inspector or designee, prior to receipt of the written request, only when the releasing official is satisfied that an emergency situation exists. (f)(1) Exceptions. (2) The mail must be: (i) Undelivered mail found abandoned or in the possession of a person reasonably believed to have stolen or embezzled such mail, (ii) Damaged or rifled, undelivered mail, or (iii) An immediate threat to persons or property. (g) Limitations. (2) No employee of the Postal Service shall open or inspect the contents of any unsealed mail, except for the purpose of determining: (i) Payment of proper postage, or (ii) Mailability. (3) No mail cover shall include matter mailed between the mail cover subject and the subject's known attorney. (4) No officer or employee of the Postal Service other than the Chief Postal Inspector, Manager, Inspection Service Operations Support Group, and their designees, are authorized to order mail covers. Under no circumstances may a postmaster or postal employee furnish information as defined in § 233.3(c)(1) to any person, except as authorized by a mail cover order issued by the Chief Postal Inspector or designee, or as directed by a postal inspector under the circumstances described in § 233.3(f). (5) Except for mail covers ordered upon fugitives or subjects engaged, or suspected to be engaged, in any activity against the national security, no mail cover order shall remain in effect for more than 30 days, unless adequate justification is provided by the requesting authority. At the expiration of the mail cover order period, or prior thereto, the requesting authority may be granted additional 30-day periods under the same conditions and procedures applicable to the original request. The requesting authority must provide a statement of the investigative benefit of the mail cover and anticipated benefits to be derived from its extension. (6) No mail cover shall remain in force longer than 120 continuous days unless personally approved for further extension by the Chief Postal Inspector or designees at National Headquarters. (7) Except for fugitive cases, no mail cover shall remain in force when an information has been filed or the subject has been indicted for the matter for which the mail cover is requested. If the subject is under investigation for further criminal violations, or a mail cover is required to assist in the identification of property, proceeds or assets forfeitable because of a violation of criminal law, a new mail cover order must be requested consistent with these regulations. (8) Any national security mail cover request must be approved personally by the head of the law enforcement agency requesting the cover or one designee at the agency's headquarters level. The head of the agency shall notify the Chief Postal Inspector in writing of such designation. (h) Records. (2) If the Chief Postal Inspector, or his designee, determines a mail cover was improperly ordered, all data acquired while the cover was in force shall be destroyed, and the requesting authority notified of the discontinuance of the mail cover and the reasons therefor. (3) Any data concerning mail covers shall be made available to any mail cover subject in any legal proceeding through appropriate discovery procedures. (4) The retention period for files and records pertaining to mail covers shall be 8 years. (i) Reporting to requesting authority. (j) Review. (2) The Chief Postal Inspector shall select and appoint a designee to conduct a periodic review of national security mail cover orders. (3) The Chief Postal Inspector's determination in all matters concerning mail covers shall be final and conclusive and not subject to further administrative review. (k) Military postal system. [58 FR 36599, July 8, 1993, as amended at 61 FR 42557, Aug. 16, 1996; 74 FR 18297, Apr. 22, 2009; 81 FR 74308, Oct. 26, 2016; 82 FR 32474, July 14, 2017; 88 FR 85851, Dec. 11, 2023] § 233.4 Withdrawal of mail privileges. (a) False representation and lottery orders Issuance. (2) Enforcement. (b) Fictitious name or address and not residents of the place of address orders Issuance. (2) Notice. (A) Obtain such mail upon presenting proof of his identity and right to receive such mail, or (B) Petition the Judicial Officer for the return of such mail. (ii) The notice must be in writing and served by personal service upon the addressee or by Certified Mail (Return Receipt Requested) and by First Class Mail. (3) Enforcement. [45 FR 1613, Jan. 8, 1980. Redesignated at 46 FR 34330, July 1, 1981, and amended at 53 FR 1780, Jan. 22, 1988] § 233.5 Requesting financial records from a financial institution. (a) Definitions. Act Right to Financial Privacy Act of 1978. (b) Purpose. (c) Authorization. (1) No administrative summons or subpoena authority reasonably appears to be available to the Inspection Service Department to obtain financial records for the purpose for which the records are sought; (2) There is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry and will further that inquiry; (3) The request is issued by a supervisory official of a rank designated by the Chief Postal Inspector. Officials so designated shall not delegate this authority to others; (4) The request adheres to the requirements set forth in paragraph (d) of this section; and (5) The notice requirements set forth in section 1108(4) of the Act, or the requirements pertaining to the delay of notice in section 1109 of the Act, are satisfied, except in situations ( e.g., (d) Written request. (i) The signature of the issuing official and the official's name, title, business address, and business phone number; (ii) The identity of the customer or customers to whom the records pertain; (iii) A reasonable description of the records sought; and (iv) Any additional information which may be appropriate— e.g., (2) In cases where customer notice is delayed by court order, a copy of the court order must be attached to the formal written request. (e) Certification. [44 FR 39161, July 5, 1979. Redesignated at 46 FR 34330, July 1, 1981] § 233.6 Test purchases under 39 U.S.C. 3005(e). (a) Scope. (b) Definitions Test purchase. (2) Test Purchase Request. (i) The name and address of the person, firm, or corporation to whom the request is directed; (ii) The name, title, signature, office mailing address, and office telephone number of the person making the request; (iii) A description of the article or service requested which is sufficient to enable the person to whom the request is made to identify the article or service being sought; (iv) A statement of the nature of the conduct under investigation; (v) A statement that the article or service must be tendered at the time and place stated in the purchase request, unless the person making the request and the person to whom it is made agree otherwise in writing; (vi) A verbatim statement of 39 U.S.C. 3005, 3007; and (vii) A statement that failure to provide the requested article or service may be considered in a proceeding under 39 U.S.C. 3007 to determine whether probable cause exists to believe that 39 U.S.C. 3005 is being violated. (c) Service of Test Purchase Request. (2) The person serving the Test Purchase Request must make and sign a record, stating the date and place of service and the name of the person served. The person making the request must retain a copy of the Test Purchase Request, the record of service, and the money order receipt or a photocopy of the issued check or the cancelled check. Alternatively, the request may be made by certified mail. (d) Authorizations. [49 FR 7230, Feb. 28, 1984; 49 FR 8250, Mar. 6, 1984] § 233.7 Forfeiture authority and procedures. (a) Scope of regulations. (2) The regulations in this section will apply to all forfeiture actions commenced on or after May 31, 2012. (b) Designation of officials having administrative forfeiture authority Administrative forfeiture authority. (2) Authority of the Chief Postal Inspector. (3) State adoption. (c) Definitions. (1) Administrative forfeiture (2) Appraised value (3) Appropriate official (4) Contraband (i) Any controlled substance, hazardous raw material, equipment or container, plants, or other property subject to summary forfeiture pursuant to sections 511(f) or (g) of the Controlled Substances Act (21 U.S.C. 881(f) or (g)); or (ii) Any controlled substance imported into the United States, or exported out of the United States, in violation of law. (5) Civil forfeiture proceeding (6) Domestic value appraised value (7) Expense (8) File or filed (i) A claim or any other document submitted in an administrative forfeiture proceeding is not deemed filed until actually received by the appropriate official identified in the personal written notice and the published notice specified in paragraph (i) of this section. A claim is not considered filed if it is received by any other office or official. In addition, a claim in an administrative forfeiture proceeding is not considered filed if received only by an electronic or facsimile transmission. (ii) For purposes of computing the start of the 90-day period set forth in 18 U.S.C. 983(a)(3), an administrative forfeiture claim is filed on the date when the claim is received by the designated official, even if the claim is received from an incarcerated pro se (9) Interested party (10) Judicial forfeiture (11) Mail (12) Nonjudicial forfeiture (13) Person (14) Property subject to administrative forfeiture (15) Property subject to forfeiture (d) Seizing property subject to forfeiture Authority to seize property. (2) Turnover of assets seized by state and local agencies. (ii) Where a state or local law enforcement agency maintains custody of property pursuant to process issued by a state or local judicial authority, and notifies the Postal Inspection Service of the impending release of such property, the Postal Inspection Service may seek and obtain a Federal seizure warrant in anticipation of a state or local judicial authority releasing the asset from state process for purposes of Federal seizure, and may execute such seizure warrant when the state or local law enforcement agency releases the property as allowed or directed by its judicial authority. (e) Inventory. (f) Custody. (2) Seized U.S. currency (and to the extent practicable seized foreign currency and negotiable instruments) must be deposited promptly in the Holding Account—Seizure and Forfeiture under the control of the Postal Inspection Service pending forfeiture. Provisional exceptions to this requirement may be granted as follows: (i) If the seized currency has a value less than $5,000, and a supervisory official within the U.S. Attorney's Office determines in writing that the currency is reasonably likely to serve a significant, independent, tangible, evidentiary purpose, or that retention is necessary while the potential evidentiary significance of the currency is being determined by scientific testing or otherwise, or (ii) The seized currency has a value greater than $5,000, and the Chief, Asset Forfeiture Money Laundering Section (AFMLS) determines in writing that the currency is reasonably likely to serve a significant, independent, tangible, evidentiary purpose, or that retention is necessary while the potential evidentiary significance of the currency is being determined by scientific testing or otherwise. (3) Seized currency has a significant independent, evidentiary purpose (g) Appraisal. (h) Release before claim. (i) The property is not contraband, evidence of a violation of law, or any property, the possession of which by the claimant, petitioner, or the person from whom it was seized is prohibited by state or Federal law, and does not have a design or other characteristic that particularly suits it for use in illegal activities; and (ii) The appropriate official determines within 10 days of seizure that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government. (2) Further, at any time after seizure and before any claim is filed, such seized property may be released if the appropriate official determines that there is an innocent party with the right to immediate possession of the property or that the release would be in the best interest of justice or the Government. (i) Commencing an administrative forfeiture. (j) Notice of administrative forfeiture Notice by publication. (A) Publication once each week for at least three successive weeks in a newspaper generally circulated in the judicial district where the property was seized; or (B) Posting a notice on an official Government Internet site for at least 30 consecutive days. (ii) The published notice shall: (A) Describe the seized property; (B) State the date, statutory basis, and place of seizure; (C) State the deadline for filing a claim when personal written notice has not been received, at least 30 days after the date of final publication of the notice of seizure; and (D) State the identity of the appropriate official of the Postal Inspection Service and address where the claim must be filed. (2) Personal written notice Manner of providing notice. (ii) Content of personal written notice. (A) State the date when the personal written notice is sent; (B) State the deadline for filing a claim, at least 35 days after the personal written notice is sent; (C) State the date, statutory basis, and place of seizure; (D) State the identity of the appropriate official of the Postal Inspection Service and the address where the claim must be filed; and (E) Describe the seized property. (3) Timing of notice Date of personal notice. (ii) Civil judicial forfeiture. (iii) Criminal indictment. (A) Send timely personal written notice and continue the administrative forfeiture proceeding; or (B) After consulting with the U.S. Attorney, terminate the administrative forfeiture proceeding and notify the custodian to return the property to the person having the right to immediate possession unless the U.S. Attorney takes steps necessary to maintain custody of the property as provided in the applicable criminal forfeiture statute. (4) Subsequent Federal seizure. (i) The property is subsequently seized or restrained by the Postal Inspection Service pursuant to a Federal seizure warrant or restraining order and the Postal Inspection Service sends notice as soon as practicable, and in no case more than 60 days after the date of the Federal seizure; or (ii) The owner of the property consents to forfeiture of the property. (5) Tolling. (ii) If property is detained at an international border or port of entry for the purpose of examination, testing, inspection, obtaining documentation, or other investigation relating to the importation of the property into, or the exportation of the property from the United States, such period of detention shall not be included in the period described in paragraph (j)(3)(i) of this section. In such cases, the 60-day period shall begin to run when the period of detention ends, if a seizing agency seizes the property for the purpose of forfeiture to the United States. (6) Identity of interested party. (7) Extending deadline for notice. (8) Certification. (k) Claims Filing. (2) Contents of claim. (i) Identify the specific property being claimed; (ii) Identify the claimant and state the claimant's interest in the property; and (iii) Be made under oath by the claimant, not counsel for the claimant, and recite that it is made under the penalty of perjury, consistent with the requirements of 28 U.S.C. 1746. An acknowledgement, attestation, or certification by a notary public alone is insufficient. (3) Availability of claim forms. (4) Cost bond not required. (5) Referral of claim. (6) Premature filing. (7) Defective claims. (l) Interplay of administrative and criminal judicial forfeiture proceedings. (m) Requests for hardship release of seized property. (2) Any person filing a request for hardship release must also file a claim to the seized property pursuant to paragraph (k) of this section and as defined in 18 U.S.C. 983(a). (3) The timely filing of a valid claim pursuant to paragraph (k) of this section does not entitle the claimant to possession of the seized property, but a claimant may request immediate release of the property while forfeiture is pending, based on hardship. (4) A claimant seeking release of property under 18 U.S.C. 983(f) and these regulations must file a written request with the appropriate official. The request must establish that: (i) The claimant has a possessory interest in the property; (ii) The claimant has sufficient ties to the community to provide assurance that the property will be available at the time of trial; (iii) The continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless; (iv) The claimant's likely hardship from the continued possession by the Government of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and (v) The property is not: (A) Contraband, any property, the possession of which by the claimant, petitioner, or person from whom it was seized is prohibited by state or Federal law, currency, or other monetary instrument, or electronic funds unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized; (B) Intended to be used as evidence of a violation of law; (C) By reason of design or other characteristic, particularly suited for use in illegal activities; or (D) Likely to be used to commit additional criminal acts if returned to the claimant. (5) A hardship release request pursuant to this paragraph shall be deemed to have been made on the date when it is received by the appropriate official as defined in paragraph (c)(3) of this section, or the date the claim was deemed filed under paragraph (k) of this section. If the request is ruled on and denied by the appropriate official or the property has not been released within the 15-day time limit period, the claimant may file a petition in Federal district court pursuant to 18 U.S.C. 983(f)(3). If a petition is filed in Federal district court, the claimant must send a copy of the petition to the appropriate official to whom the hardship petition was originally submitted and to the U.S. Attorney in the judicial district where the judicial petition was filed. (6) If a civil forfeiture complaint is filed on property and the claimant files a claim with the court pursuant to 18 U.S.C. 983(a)(4)(A) and Rule G(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims, a hardship petition may be submitted to the individual identified in the public or personal notice of the civil forfeiture action. (n) Disposition of property before forfeiture. (2) The Postal Inspection Service shall commence forfeiture proceedings, regardless of the disposition of the property under this paragraph. A person with an interest in the property that was destroyed or otherwise disposed of under this paragraph may file a claim to contest the forfeiture of the property or a petition for remission or mitigation of the forfeiture. No employee of the Postal Inspection Service shall be liable for the destruction or other disposition of property made pursuant to this paragraph. The destruction or other disposition of the property does not impair in rem (o) Declaration of administrative forfeiture. (p) Return of property. (2) Upon becoming aware that the seized property must be released, the Postal Inspection Service shall promptly notify the person with a right to immediate possession of the property, informing that person to contact the property custodian within a specified period for release of the property, and further informing that person that failure to contact the property custodian within the specified period for release of the property may result in the initiation of abandonment proceedings against the property pursuant to 39 CFR part 946. The property custodian will be notified of the identity of the person to whom the property should be released. (3) The property custodian shall have the right to require presentation of proper identification or to verify the identity of the person who seeks the release of property. (q) Disposition of forfeited property. (i) Retain the property for official use; (ii) Transfer ownership of the property to any Federal, state or local law enforcement agency that participated in the investigation leading to the forfeiture; (iii) Sell any property that is not required to be destroyed by law and that is not harmful to the public; (iv) Destroy the property; or (v) Dispose of the property as otherwise permitted by law. (2) If the laws of a state in which an article of forfeited property is located prohibit the sale or possession of such property, or if the Postal Service and the Marshals Service are of the opinion that it would be more advantageous to sell the forfeited property in another district, the property may be moved to and sold in such other district. (r) Attorney fees and costs. [77 FR 25596, May 1, 2012] § 233.8 Expedited forfeiture proceedings for property seizures based on violations involving the possession of personal use quantities of a controlled substance. (a) Purpose and scope. (2) In this regard, for violations involving the possession of personal use quantities of a controlled substance, section 6079(b)(2) requires either that administrative forfeiture be completed within 21 days of the seizure of the property, or alternatively, that procedures are established that provide a means by which an individual entitled to relief may initiate an expedited administrative review of the legal and factual basis of the seizure for forfeiture. Should an individual request relief pursuant to these regulations and be entitled to the return of the seized property, such property shall be returned immediately following that determination, but not later than 20 days after filing of a petition for expedited release by an owner, and the administrative forfeiture process shall cease. Should the individual not be entitled to the return of the seized property, however, the administrative forfeiture of that property shall proceed. The owner may, in any event, obtain release of property pending the administrative forfeiture by submitting to the agency making the determination property sufficient to preserve the Government's vested interest for purposes of the administrative forfeiture. (b) Definitions. (1) Commercial fishing industry vessel (i) Commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; (ii) Commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling; or (iii) Commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or fish processing facility. (2) Controlled substance (3) Normal and customary manner (4) Owner (5) Personal use quantities (i) Evidence that possession of quantities of a controlled substance is for other than personal use may include, for example: (A) Evidence, such as drug scales, drug distribution paraphernalia, drug records, drug packaging material, method of drug packaging, drug “cutting” agents and other equipment, that indicates an intent to process, package, or distribute a controlled substance; (B) Information from reliable sources indicating possession of a controlled substance with intent to distribute; (C) The arrest or conviction record of the person or persons in actual or constructive possession of the controlled substance for offenses under Federal, state, or local law that indicates an intent to distribute a controlled substance; (D) Circumstances or reliable information indicating that the controlled substance is related to large amounts of cash or any amount of prerecorded Government funds; (E) Circumstances or reliable information indicating that the controlled substance is a sample intended for distribution in anticipation of a transaction involving large quantities, or is part of a larger delivery; (F) Statements by the possessor, or otherwise attributable to the possessor, including statements of conspirators, that indicate possession with intent to distribute; or (G) The fact that the controlled substance was recovered from sweepings. (ii) Possession of a controlled substance shall be presumed to be for personal use when there are no indicia of illicit drug trafficking or distribution —such as, but not limited to, the factors listed above—and the amounts do not exceed the following quantities: (A) One gram of a mixture or substance containing a detectable amount of heroin; (B) One gram of a mixture or substance containing a detectable amount of the following: ( 1 ( 2 ( 3 ( 4 (C) One-tenth gram of a mixture or substance described in (ii)(B) of this definition that contains cocaine base; (D) One-tenth gram of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) Five hundred micrograms of lysergic acid diethylamide (LSD); (F) One ounce of a mixture or substance containing a detectable amount of marijuana; (G) One gram of methamphetamine, its salts, isomers, and salts of its isomers, or one gram of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers. (iii) The possession of a narcotic, a depressant, a stimulant, a hallucinogen or a cannabis-controlled substance will be considered in excess of personal use quantities if the dosage unit amount possessed provides the same or greater equivalent efficacy as described in (ii)(B) of this definition. (6) Property (7) Seizing agency (8) Statutory rights or defenses to the forfeiture (c) Petition for expedited release in an administrative forfeiture proceeding. (2) Where property described in paragraph (c)(1) of this section is a commercial fishing industry vessel proceeding to or from a fishing area or intermediate port of call or actually engaged in fishing operations, which would be subject to seizure for administrative forfeiture for a violation of law involving controlled substances in personal use quantities, a summons to appear shall be issued in lieu of a physical seizure. The vessel shall report to the port designated in the summons. The Postal Inspection Service shall be authorized to effect administrative forfeiture as if the vessel had been physically seized. Upon answering the summons to appear on or prior to the last reporting date specified in the summons, the owner of the vessel may file a petition for expedited release pursuant to paragraph (c)(1) of this section, and the provisions of paragraph (c)(1) and other provisions in this section pertaining to a petition for expedited release shall apply as if the vessel had been physically seized. (3) The owner filing the petition for expedited release shall establish the following: (i) The owner has a valid, good faith interest in the seized property as owner or otherwise; (ii) The owner reasonably attempted to ascertain the use of the property in a normal and customary manner; and (iii) The owner did not know of or consent to the illegal use of the property, or in the event that the owner knew or should have known of the illegal use, the owner did what reasonably could be expected to prevent the violation. (4) In addition to those factors listed in paragraph (c)(3) of this section, if an owner can demonstrate that the owner has other statutory rights or defenses that would cause the owner to prevail on the issue of forfeiture, such factors shall also be considered in ruling on the petition for expedited release. (5) A petition for expedited release must be received by the Postal Inspection Service within 20 days from the date of the first publication of the notice of seizure in ordered to be considered by the Postal Inspection Service. The petition must be executed and sworn to by the owner, and both the envelope and the request must be clearly marked “PETITION FOR EXPEDITED RELEASE.” Such petition shall be filed with the appropriate office or official identified in the personal written notice and the publication notice. (6) The petition shall include the following: (i) A complete description of the property, including identification numbers, if any, and the date and place of seizure; (ii) The petitioner's interest in the property, which shall be supported by title documentation, bills of sale, contracts, mortgages, or other satisfactory documentary evidence; and (iii) A statement of the facts and circumstances, to be established by satisfactory proof, relied upon by the petitioner to justify expedited release of the seized property. (d) Ruling on petition for expedited release in an administrative forfeiture proceeding. (2) If no such final administrative determination is made within 21 days of the seizure, the following procedure shall apply. The Postal Inspection Service shall, within 20 days after the receipt of the petition for expedited release, determine whether the petition filed by the owner has established the factors listed in paragraph (c)(3) of this section and: (i) If the Postal Inspection Service determines that those factors have been established, it shall terminate the administrative proceedings and return the property to the owner (or in the case of a commercial fishing industry vessel for which a summons has been issued shall dismiss the summons), except where it is evidence of a violation of law; or (ii) If the Postal Inspection Service determines that those factors have not been established, the agency shall proceed with the administrative forfeiture. (e) Posting of substitute monetary amount in an administrative forfeiture proceeding. (2) If a substitute monetary amount is posted and the property is administratively forfeited, the Postal Inspection Service will forfeit the substitute amount in lieu of the property. (f) Notice provisions. [77 FR 25600, May 1, 2012] § 233.9 Regulations governing remission or mitigation of administrative, civil, and criminal forfeitures. (a) Purpose, authority, and scope Purpose. (2) Authority to grant remission and mitigation. (ii) Remission and mitigation functions in judicial cases are performed by the Criminal Division of the Department of Justice. Within the Criminal Division, authority to grant remission and mitigation is delegated to the Chief, Asset Forfeiture and Money Laundering Section. (iii) The powers and responsibilities delegated by the regulations in this section may be re-delegated to attorneys or managers working under the supervision of the Chief Counsel. (3) Scope. (4) Applicability. (b) Definitions. (1) Administrative forfeiture (2) Appraised value (3) Assets Forfeiture Fund (4) Attorney General (5) Beneficial owner (6) Chief, Asset Forfeiture and Money Laundering Section, Chief, (7) General creditor (8) Judgment creditor (9) Judicial forfeiture (10) Lienholder (i) Was established by operation of law or contract; (ii) Was created as a result of an exchange of money, goods, or services; and (iii) Is perfected against the specific property forfeited for which remission or mitigation is sought (e.g., a real estate mortgage; a mechanic's lien). (11) Net equity (12) Nonjudicial forfeiture administrative forfeiture (13) Owner (14) Person (15) Petition (16) Petitioner (17) Property (18) Record (19) Related crime (20) Related offense (i) Any predicate offense charged in a Federal Racketeer Influenced and Corrupt Organizations Act (RICO) count for which forfeiture was ordered; or (ii) An offense committed as part of the same scheme or design, or pursuant to the same conspiracy, as was involved in the offense for which forfeiture was ordered. (21) Ruling Official (22) Seizing agency (23) Victim (24) Violator (c) Petitions in administrative forfeiture cases Notice of seizure. (2) Persons who may file. (A) Purposely leaves the jurisdiction of the United States; (B) Declines to enter or reenter the United States to submit to its jurisdiction; or (C) Otherwise evades the jurisdiction of the court in which a criminal matter is pending against the person. (ii) Paragraph (c)(2)(i)(A) of this section applies to a petition filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation: (A) Purposely leaves the jurisdiction of the United States; (B) Declines to enter or reenter the United States to submit to its jurisdiction; or (C) Otherwise evades the jurisdiction of the court in which a criminal case is pending against the person. (3) Contents of petition. (A) The name, address, and social security or other taxpayer identification number of the person claiming an interest in the seized property who is seeking remission or mitigation; (B) The name of the seizing agency, the asset identifier number, and the date and place of seizure; (C) A complete description of the property, including make, model, and serial numbers, if any; and (D) A description of the petitioner's interest in the property as owner, lienholder, or otherwise, supported by original or certified bills of sale, contracts, deeds, mortgages, or other documentary evidence. Such documentation includes evidence establishing the source of funds for seized currency or the source of funds used to purchase the seized asset. (ii) Any factual recitation or documentation of any type in a petition must be supported by a declaration under penalty of perjury that meets the requirements of 28 U.S.C. 1746. (4) Releases. (5) Filing a petition. (ii) If the notice of seizure does not provide an official address, the petition shall be addressed to the Asset Forfeiture Unit at the following address: Asset Forfeiture Unit, Criminal Investigations, U.S. Postal Inspection Service, P.O. Box 44373, Washington, DC 20026-4373. (iii) Submission by facsimile or other electronic means will not be accepted. (6) Agency investigation. (7) Ruling. (8) Petitions granted. (9) Petitions denied. (10) Request for reconsideration. (A) It is postmarked or received by the office of the Ruling Official within 10 days from the receipt of the notice of denial of the petition by the petitioner; and (B) The request is based on information or evidence not previously considered that is material to the basis for the denial or presents a basis clearly demonstrating that the denial was erroneous. (ii) In no event shall a request for reconsideration be decided by the same Ruling Official who ruled on the original petition. (iii) Only one request for reconsideration of a denial of a petition shall be considered. (11) Restoration of proceeds from sale. (A) Did not know of the seizure prior to the entry of a declaration of forfeiture; and (B) Could not reasonably have known of the seizure prior to the entry of a declaration of forfeiture. (ii) Such a petition shall be submitted pursuant to paragraphs (c)(2) through (c)(5) of this section within 90 days of the date the property is sold or otherwise disposed of. (d) Petitions in judicial forfeiture cases Notice of seizure. (2) Persons who may file. (3) Contents of petition. (A) The name, address, and Social Security or other taxpayer identification number of the person claiming an interest in the seized property who is seeking remission or mitigation; (B) The name of the seizing agency, the asset identifier number, and the date and place of seizure; (C) The district court docket number; (D) A complete description of the property, including the address or legal description of real property, and make, model, and serial numbers of personal property, if any; and (E) A description of the petitioner's interest in the property as owner, lienholder, or otherwise, supported by original or certified bills of sale, contracts, mortgages, deeds, or other documentary evidence. (ii) Any factual recitation or documentation of any type in a petition must be supported by a declaration under penalty of perjury that meets the requirements of 28 U.S.C. 1746. (4) Releases. (5) Filing petition with Department of Justice. (6) Agency investigation and recommendation; U.S. Attorney's recommendation. (7) Ruling. (8) Petitions granted. (9) Petitions denied. (10) Request for reconsideration. (A) It is postmarked or received by the Asset Forfeiture and Money Laundering Section at the address contained in the decision denying the petition within 10 days from the receipt of the notice of denial of the petition by the petitioner; (B) A copy of the request is also received by the appropriate U.S. Attorney within 10 days of the receipt of the denial by the petitioner; and (C) The request is based on information or evidence not previously considered that is material to the basis for the denial or presents a basis clearly demonstrating that the denial was erroneous. (ii) In no event shall a request for reconsideration be decided by the Ruling Official who ruled on the original petition. (iii) Only one request for reconsideration of a denial of a petition shall be considered. (iv) Upon receipt of the request for reconsideration of the denial of a petition, disposition of the property will be delayed pending notice of the decision at the request of the Chief. If the request for reconsideration is not received within the prescribed period, the U.S. Marshals Service may dispose of the property. (11) Restoration of proceeds from sale. (A) Did not know of the seizure prior to the entry of a final order of forfeiture; and (B) Could not reasonably have known of the seizure prior to the entry of a final order of forfeiture. (ii) Such a petition must be submitted pursuant to paragraphs (d)(2) through (d)(5) of this section within 90 days of the date the property was sold or otherwise disposed of. (e) Criteria governing administrative and judicial remission and mitigation Remission. (ii) For purposes of this paragraph (e), the knowledge and responsibilities of a petitioner's representative, agent, or employee are imputed to the petitioner where the representative, agent, or employee was acting in the course of that person's employment and in furtherance of the petitioner's business. (iii) The petitioner has the burden of establishing the basis for granting a petition for remission or mitigation of forfeited property, a restoration of proceeds of sale or appraised value of forfeited property, or a reconsideration of a denial of such a petition. Failure to provide information or documents and to submit to interviews, as requested, may result in a denial of the petition. (iv) The Ruling Official shall presume a valid forfeiture and shall not consider whether the evidence is sufficient to support the forfeiture. (v) Willful, materially false statements or information made or furnished by the petitioner in support of a petition for remission or mitigation of forfeited property, the restoration of proceeds or appraised value of forfeited property, or the reconsideration of a denial of any such petition shall be grounds for denial of such petition and possible prosecution for the filing of false statements. (2) Mitigation. (A) Where the petitioner has not met the minimum conditions for remission, but the Ruling Official finds that some relief should be granted to avoid extreme hardship, and that return of the property combined with imposition of monetary or other conditions of mitigation in lieu of a complete forfeiture will promote the interest of justice and will not diminish the deterrent effect of the law. Extenuating circumstances justifying such a finding include those circumstances that reduce the responsibility of the petitioner for knowledge of the illegal activity, knowledge of the criminal record of a user of the property, or failure to take reasonable steps to prevent the illegal use or acquisition by another for some reason, such as a reasonable fear of reprisal; or (B) Where the minimum standards for remission have been satisfied but the overall circumstances are such that, in the opinion of the Ruling Official, complete relief is not warranted. (ii) The Ruling Official may as a matter of discretion grant mitigation to a party involved in the commission of the offense underlying the forfeiture where certain mitigating factors exist, including, but not limited to: The lack of a prior record or evidence of similar criminal conduct; if the violation does not include drug distribution, manufacturing, or importation, the fact that the violator has taken steps, such as drug treatment, to prevent further criminal conduct; the fact that the violation was minimal and was not part of a larger criminal scheme; the fact that the violator has cooperated with Federal, state, or local investigations relating to the criminal conduct underlying the forfeiture; or the fact that complete forfeiture of an asset is not necessary to achieve the legitimate purposes of forfeiture. (iii) Mitigation may take the form of a monetary condition or the imposition of other conditions relating to the continued use of the property, and the return of the property, in addition to the imposition of any other costs that would be chargeable as a condition to remission. This monetary condition is considered as an item of cost payable by the petitioner, and shall be deposited into the Postal Inspection Service's Fund as an amount realized from forfeiture in accordance with the applicable statute. If the petitioner fails to accept the Ruling Official's mitigation decision or any of its conditions, or fails to pay the monetary amount within 20 days of the receipt of the decision, the property shall be sold, and the monetary amount imposed and other costs chargeable as a condition to mitigation shall be subtracted from the proceeds of the sale before transmitting the remainder to the petitioner. (f) Special rules for specific petitioners General creditors. (2) Rival claimants. (3) Voluntary bailments. (4) Lessors. (5) Straw owners. (6) Judgment creditors. (A) The judgment was duly recorded before the seizure of the property for forfeiture; (B) Under applicable state or other local law, the judgment constitutes a valid lien on the property that attached to it before the seizure of the property for forfeiture; and (C) The petitioner had no knowledge of the commission of any act or acts giving rise to the forfeiture at the time the judgment became a lien on the forfeited property. (ii) A judgment creditor will not be recognized as a lienholder if the property in question is not property of which the judgment debtor is entitled to claim ownership under applicable state or other local law (e.g., stolen property). A judgment creditor is entitled under this part to no more than the amount of the judgment, exclusive of any interest, costs, or other fees including attorney's fees associated with the action that led to the judgment or its collection. (iii) A judgment creditor's lien must be registered in the district where the property is located if the judgment was obtained outside the district. (g) Terms and conditions of remission and mitigation Owners. (ii) If a civil judicial forfeiture action against the property is pending, release of the property must await an appropriate court order. (iii) Where the Government sells or disposes of the property prior to the grant of the remission, the owner shall receive the proceeds of that sale, less any costs incurred by the Government in the sale. The Ruling Official, as a matter of discretion, may waive the deduction of costs and expenses incident to the forfeiture. (iv) Where the owner does not comply with the conditions imposed upon release of the property by the Ruling Official, the property shall be sold. Following the sale, the proceeds shall be used to pay all costs of the forfeiture and disposition of the property, in addition to any monetary conditions imposed. The remaining balance shall be paid to the owner. (2) Lienholders. (A) In the case of remission, the lien is satisfied as determined through the petition process; or (B) In the case of mitigation, an amount equal to the net equity, less any monetary conditions imposed, is paid to the lienholder prior to the release of the property to the recipient agency of foreign government. (ii) When the forfeited property is not retained for official use or transferred to another agency or foreign government pursuant to law, the lienholder shall be notified by the Ruling Official of the right to select either of the following alternatives: (A) Return of Property. (B) Sale of Property and Payment to Lienholder. (iii) If the lienholder does not notify the Ruling Official of the selection of one of the two options set forth in this paragraph (g)(2)(ii) within 20 days of the receipt of notification, the Ruling Official shall direct the division or field office responsible for the seizure or custody, or if applicable, the U.S. Marshals Service, to sell the property and pay the lienholder an amount up to the net equity, less the costs and expenses incurred incident to the forfeiture and sale, and any monetary conditions imposed. In the event a lienholder subsequently receives a payment of any kind on the debt owed for which he or she received payment as a result of the granting of remission or mitigation, the lienholder shall reimburse the Postal Service Forfeiture Fund to the extent of the payment received. (iv) Where the lienholder does not comply with the conditions imposed upon the release of the property, the property shall be sold after forfeiture. From the proceeds of the sale, all costs incident to the forfeiture and sale shall first be deducted, and the balance up to the net equity, less any monetary conditions, shall be paid to the lienholder. (h) Remission procedures for victims. (1) Remission procedure for victims Where to file. (ii) Time of decision. (iii) Request for reconsideration. (2) Qualification to file. (i) A pecuniary loss of a specific amount has been directly caused by the criminal offense, or related offense, that was the underlying basis for the forfeiture, and that the loss is supported by documentary evidence including invoices and receipts; (ii) The pecuniary loss is the direct result of the illegal acts and is not the result of otherwise lawful acts that were committed in the course of a criminal offense; (iii) The victim did not knowingly contribute to, participate in, benefit from, or act in a willfully blind manner towards commission of the offense, or related offense, that was the underlying basis of the forfeiture; (iv) The victim has not in fact been compensated for the wrongful loss of the property by the perpetrator or others; and (v) The victim does not have recourse reasonably available to other assets from which to obtain compensation for the wrongful loss of the property. (3) Pecuniary loss. (4) Torts. (5) Denial of petition. (i) There is substantial difficulty in calculating the pecuniary loss incurred by the victim or victims; (ii) The amount of the remission, if granted, would be small compared with the amount of expenses incurred by the Government in determining whether to grant remission; or (iii) The total number of victims is large and the monetary amount of the remission so small as to make its granting impractical. (6) Pro rata basis. (i) The specificity and reliability of the evidence establishing a loss; (ii) The fact that a particular victim is suffering an extreme financial hardship; (iii) The fact that a particular victim has cooperated with the Government in the investigation related to the forfeiture or to a related persecution or civil action; and (iv) In the case of petitions filed by multiple victims of related offenses, the fact that a particular victim is a victim of the offense underlying the forfeiture. (7) Reimbursement. (8) Claims of financial institution regulatory agencies. (9) Amount of remission. (i) Miscellaneous provisions Priority of payment. (i) Owners; (ii) Lienholders; (iii) Federal financial institution regulatory agencies (pursuant to paragraph (i)(5) of this section), not constituting owners or lienholders; and (iv) Victims not constituting owners or lienholders pursuant to paragraph (h) of this part. (2) Sale or disposition of property prior to ruling. (i) Payment of the Government's expenses incurred incident to the forfeiture and sale, including court costs and storage charges, if any; (ii) Payment to the petitioner of an amount up to that person's interest in the property; (iii) Payment to the Postal Service Forfeiture Fund of all other costs and expenses incident to the forfeiture; (iv) In the case of victims, payment of any amount up to the amount of that person's loss; and (v) Payment of the balance remaining, if any, to the Postal Service Forfeiture Fund. (3) Trustees and other assistants. (4) Other agencies of the United States. (5) Financial institution regulatory agencies. (6) Transfers to foreign governments. (7) Filing by attorneys. (A) The attorney has the authority to represent the petitioner in this proceeding; (B) The petitioner has fully reviewed the petition; and (C) The petition is truthful and accurate in every respect. (ii) Verbal notification of representation is not acceptable. Responses and notification of rulings shall not be sent to an attorney claiming to represent a petitioner unless a written notice of representation is filed. No extensions of time shall be granted due to delays in submission of the notice of representation. (8) Consolidated petitions. [77 FR 25602, May 1, 2012] § 233.10 [Reserved] § 233.11 Mail screening. (a) Screening of mail transported by aircraft Authority. et seq. (2) Purpose. (3) Policy. (b) Screening of surface transported mail Authority. (2) Purpose. (3) Policy. (c) Mail screening restrictions. (1) No unreasonable delay. (2) Authorization to screen mail. (3) Mail of insufficient weight to pose a threat. (4) Additional limitations. (d) Identified threatening pieces of mail Hazardous mail. (2) Indeterminate mail. (3) Mandatory reporting. [86 FR 53222, Sept. 27, 2021] § 233.12 Civil penalties. (a) False representations and lottery orders. (b) False representation and lottery penalties in lieu of or as part of an order. (c) Misleading references to the United States Government; Sweepstakes and deceptive mailings. (1) Solicitations making false claims of Federal Government connection or approval; (2) Certain solicitations for the purchase of a product or service that may be obtained without cost from the Federal Government; (3) Solicitations containing improperly prepared “facsimile checks”; and (4) Solicitations for “skill contests” and “sweepstakes” sent to individuals who, in accordance with 39 U.S.C. 3017(d), have requested that such materials not be mailed to them; may be liable to the United States for a civil penalty under 39 U.S.C. 3012(d). As adjusted under Public Law 114-74, this penalty is not to exceed $18,142 for each mailing. (d) Commercial use of lists of persons electing not to receive skill contest or sweepstakes mailings. (e) Reckless mailing of skill contest or sweepstakes matter. (f) Hazardous material. [81 FR 42533, June 30, 2016, as amended at 82 FR 6277, Jan. 19, 2017; 84 FR 20805, May 13, 2019; 85 FR 2037, Jan. 14, 2020; 86 FR 2987, Jan. 14, 2021; 87 FR 1675, Jan. 12, 2022; 88 FR 1514, Jan. 11, 2023; 89 FR 1461, Jan. 10, 2024; 90 FR 5651, Jan. 17, 2025]