46 U.S.C. § 56105 — Forfeiture procedure
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 86 words · no verdicts yet
This law explains how forfeitures under this chapter are carried out — the same way as forfeitures for unpaid customs duties, though the vessel doesn't have to be physically seized first. A prior criminal conviction for the same violation counts as strong evidence in a later forfeiture case.
(a) In General. A forfeiture under this chapter can be enforced the same way as a forfeiture under the customs-duty collection laws. However, unlike some of those cases, this kind of forfeiture can be canceled (remitted) even without the government first physically seizing the vessel*.
(b) Prior Convictions. If someone has already been criminally convicted of violating this chapter regarding the same vessel or property, that earlier conviction counts as strong ("prima facie") evidence against them in a later court case to enforce the forfeiture.
A forfeiture under this chapter may be enforced in the same way as a forfeiture under the laws on the collection of duties. However, such a forfeiture may be remitted without seizure of the vessel*.
In a proceeding under this chapter to enforce a forfeiture, a prior criminal conviction of a person for a violation of this chapter with respect to the subject matter of the forfeiture is prima facie evidence of the violation against the person convicted.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1654
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case