Section 6-A807. DISPOSITION OF PROPERTY IN POLICE CUSTODY

 

807.1If a claim and bond (or an application for waiver or reduction of the bond) are not timely filed with the Property Clerk, and the property has a value of less than two hundred fifty thousand dollars ($250,000) or is a conveyance subject to forfeiture under D.C. Official Code § 48-905.02 (2001), the Property Clerk shall declare the property forfeited and shall dispose of the property in accordance with applicable law.

 

807.2If at any time the Property Clerk determines that property seized or in custody is not subject to forfeiture, the Property Clerk shall return the property to its rightful owner.

 

807.3Before returning the property to its rightful owner pursuant to its rightful owner pursuant to § 807.2, the Property Clerk shall obtain the certification of the United States Attorney for the District of Columbia or the D.C. Corporation Counsel that the property is not needed as evidence in the prosecution of a crime.

 

807.4The Property Clerk shall forward the appropriate documents to the Corporation Counsel for the institution of judicial forfeiture proceedings if:

 

(a)The Property Clerk determines that the forfeitable property has a value of two hundred fifty thousand dollars ($250,000) or more;

 

(b)A claim and bond for the forfeitable property have been duly filed, or the Property Clerk has waived the bond; or

 

(c)Otherwise required by law.

 

807.5If property seized or in custody is liable to perish, waste, or be greatly reduced in value by the keeping, or the expense of keeping is disproportionate to the value of the property, the Property Clerk may entertain telephonic bids or sell to a buyer without considering competing bids, if reasonably necessary to maximize the proceeds from the sale of the property.

 

807.6When other circumstances justify immediate disposition, or when a sale by any means is either impractical or would be contrary to the public interest, the Property Clerk may dispose of the property in any reasonable manner, including, but not limited to, destruction, storage, or donation to a non-profit organization.

 

807.7If the property is sold prior to the publication and notice required by §§ 805.3 and 805.4, the Property Clerk shall hold the proceeds of the sale in escrow pending the expiration of the time during which a claim may be filed. If a claim and bond are duly filed (or if the Property Clerk has waived the bond), the Property Clerk shall forward the claim to the Corporation Counsel and shall continue to hold the proceeds of the sale in escrow pending resolution of the claim.

 

807.8If a claim to property sold pursuant to §§ 807.5 or 807.6 is successful, the amount realized by the sale shall be presumed to provide adequate compensation for the seizure of the property unless the claimant demonstrates that the proceeds of the sale were grossly inadequate under the circumstances.

 

source

Final Rulemaking published at 38 DCR 1227 (February 22, 1991).