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18 U.S.C. § 492Forfeiture of counterfeit paraphernalia

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 317 words · no verdicts yet

in plain englishAI-generated · not legal advice

Counterfeit United States or foreign-government coins, securities, and related materials found without proper authorization are forfeited to the United States. A person who refuses to surrender them may be punished, and certain forfeitures may be remitted or reduced.

Counterfeit coins, obligations, or other securities of the United States or a foreign government are forfeited to the United States if found in someone’s possession without authority from the Secretary of the Treasury or another proper officer. The same applies to articles, devices, other things made, possessed, or used in violation of this chapter or sections 331 through 333, 335, 336, 642, or 1720 of this title, and to material or equipment used, fitted, or intended to be used to make them. A person who has custody or control of such counterfeits, material, equipment, articles, devices, or other things and fails or refuses to surrender them when an authorized Treasury agent or other proper officer asks for them may be fined under this title, imprisoned for up to one year, or both. Unless the later provision in this section applies, a person interested in an item or material seized under this section may, before it is disposed of, petition the Secretary of the Treasury to cancel or reduce the forfeiture. The Secretary may do so on reasonable and just terms and conditions if the Secretary finds that the forfeiture occurred without willful negligence or without the petitioner intending to violate the law, or finds mitigating circumstances that justify cancellation or reduction. If the seizure involves offenses other than offenses against the coinage, currency, obligations, or securities of the United States or a foreign government, the petition must be referred to the Attorney General. The Attorney General may cancel or reduce the forfeiture on reasonable and just terms. The section does not define the quoted terms “remission,” “mitigation,” or “mitigating circumstances.”
the actual law source: uscode.house.gov ↗public domain

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 sections 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.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(A), Nov. 2, 2002, 116 Stat. 1809.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 710
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1809

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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