§ 492. — Forfeiture of counterfeit paraphernalia.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC492]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 25--COUNTERFEITING AND FORGERY
Sec. 492. Forfeiture of counterfeit paraphernalia
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.
(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 107-273, div. B, title
IV, Sec. 4002(d)(1)(A), Nov. 2, 2002, 116 Stat. 1809.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 286 (Mar. 4, 1909, ch.
321, Sec. 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, Sec. 4, 52 Stat.
7).
Section was materially shortened through merger of former third and
fourth sentences with present first and second paragraphs by extending
latter to include ``articles, devices, and other things''. This
necessitated many insertions and deletions in the first two paragraphs,
which, however, did not affect the substance of the section.
A reference in the former third sentence to violations of certain
sections was broadened to read ``in violation of this chapter or of
sections 331-333, 335-336, 642, 1720, of this title'' and incorporated
in the first paragraph. This translation extends for the first time the
provisions of this section to subject matter of sections 493-496, 498,
499, 504-509 of this title. All of the sections covered by the original
reference in this section are represented in the translation except
section 261, now section 8 of this title, and section 287 of title 18,
U.S.C., 1940 ed., which were omitted therefrom as unnecessary, since the
former is definitive and the latter related to procedure only, and is
superseded by rule 41(a), (b) of the Federal Rules of Criminal
Procedure.
The revised section was so written as to limit the authority of the
Secretary of the Treasury to forfeitures within the enforcement powers
of the Treasury Department, which advises that it does not investigate
counterfeiting offenses not involving coins, currency, or Government
obligations and securities. The Attorney General is the appropriate
officer to remit or mitigate other forfeitures.
Changes in phraseology were also made.
Amendments
2002--Pub. L. 107-273 substituted ``under this title'' for ``not
more than $100'' in second par.
