2247

Waiver of Costs to Owner Victims in Remission Cases

BACKGROUND: There has been an increasing number of cases in which property is seized for forfeiture from those who obtained it through theft or fraud, in violation of federal law. In many of these cases, there is a victim of the underlying crime with a cognizable ownership interest in the property forfeited. Victims with a traceable ownership interest (owner victims) in the property may submit a petition for remission or mitigation of the forfeiture. A purpose of remission is to ameliorate the effects of forfeiture for those with an interest in the forfeited property who lack involvement in, or knowledge of the conduct that resulted in the forfeiture. The Department's policy for waiver of costs to owner victims in remission cases is intended to provide some relief to those victimized by crime and to ensure that forfeiture by a federal agency in such cases does not cause the victim to suffer the economic effect of the crime twice.the victim to suffer the economic effect of the crime twice. [cited in USAM 9-114.200]