Attorney General Eric Holder has granted the Bureau of Alcohol, Tobacco, Firearms, and Explosives authority, for a one-year trial period, to seize and administratively forfeit property allegedly involved in controlled substance offenses pursuant to United States Code Title 21 › Chapter 13 › Subchapter I › Part E › § 881.
21 U.S.C. § 881 is, among other things, often invoked to seize and forfeit bulk currency, where no drugs are found, on theories that the currency was furnished, or intended to be furnished, in exchange for a controlled substance.
AG Holder’s rulemaking announcement declared that such changes are exempt from the general notice and comment requirements because the department determined that the change does not affect individual rights and obligations.
AG Holder also declared that this rule change lacks sufficient federalism implications to warrant the preparation of a federalism summary impact statement.