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
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
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
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.
2002 - Pub. L. 107-273 substituted "under this title" for "not
more than $100" in second par.
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