31 CFR 101.3 – Petitions reviewed by Assistant Secretary, Enforcement, Operations, Tariff Affairs
(a) The Assistant Secretary will receive and review all petitions for mitigation of the forfeiture of counterfeit gold coins. He shall conduct such further investigation, and may request such further information from the petitioner as he deems necessary. Petitions will be approved if the Assistant Secretary determines that:
Terms Used In 31 CFR 101.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) The gold coins have not been previously disposed of by normal procedures;
(2) The petitioner was an innocent purchaser or holder of the gold coins and is not under investigation in connection with the coins at the time of submission or thereafter;
(3) The coins are not needed and will not be needed in the future in any investigation or as evidence in legal proceedings; and
(4) Mitigation of the forfeiture is in the best interest of the Government.