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Civil Asset Forfeiture Reform Act of 2000 Pub. L. 106-185 (2000)

This statute is provided for your convenience but is not the official version.  For the official U.S. Code please see: http://uscode.house.gov/.  For official public laws please see: http://thomas.loc.gov/.

The Civil Asset Forfeiture Reform Act of 2000, Pub. L. 106-185, amended the LSC Act to add 1007(a)(11) at 42 U.S.C. 2996f(a)(11) and amended the federal civil forfeiture statute below.

Title 18, United States Code
Chapter 46, Forfeiture
Section 983-General rules for civil forfeiture proceedings

January 8, 2014

§983. General rules for civil forfeiture proceedings


(b) Representation.-

 

(1)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the person is represented by counsel appointed under section 3006A of this title in connection with a related criminal case, the court may authorize counsel to represent that person with respect to the claim.

(B) In determining whether to authorize counsel to represent a person under subparagraph (A), the court shall take into account such factors as-

(i) the person's standing to contest the forfeiture; and

(ii) whether the claim appears to be made in good faith.

 

(2)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture statute is financially unable to obtain representation by counsel, and the property subject to forfeiture is real property that is being used by the person as a primary residence, the court, at the request of the person, shall insure that the person is represented by an attorney for the Legal Services Corporation with respect to the claim.

 

(B)(i) At appropriate times during a representation under subparagraph (A), the Legal Services Corporation shall submit a statement of reasonable attorney fees and costs to the court.

 

(ii) The court shall enter a judgment in favor of the Legal Services Corporation for reasonable attorney fees and costs submitted pursuant to clause (i) and treat such judgment as payable under section 2465 of title 28, United States Code, regardless of the outcome of the case.

 

(3) The court shall set the compensation for representation under this subsection, which shall be equivalent to that provided for court-appointed representation under section 3006A of this title.

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