Seizure of Aircraft for Forfeiture

An aircraft might be seized for forfeiture if the seizing agency has probable cause the aircraft did one of the following:

• facilitated a crime (such as drug trafficking or money laundering);
• was acquired with proceeds from criminal activity;
• violated registration or regulatory violations;
• violated U.S. import or export control laws; or
• was sold to, owed, or purchased by a designated terrorist organization.

Under state law, aircraft are seized for forfeiture because of problems with the certificate of registration or tail identification number. For example, Florida Statute 329.10 and Florida Statute 329.11 authorize the forfeiture of any aircraft with improper registration or tail identification numbers.

At the federal level, 49 U.S. Code § 46306(d) allows two federal agencies, DEA and CBP, to seize an aircraft for forfeiture because of registration or regulatory violations, although that section applies only to aircraft not used for carrying passengers or property as a common carrier for compensation or hire.

The complaint for forfeiture might allege the aircraft is subject to forfeiture to the United States under 49 U.S.C. § 46306(d) based on the following:

• the aircraft being used to aid or facilitate a violation of 49 U.S.C. §46306(b)(5)(A) (Owner Operating or Allowing Another to Operate an Unregistered Aircraft);
• the aircraft being used to aid or facilitate a violation of 49 U.S.C. § 49306(b)(6)(A) (Knowingly Operating or Attempting to Operate an Unregistered Aircraft); or
• the aircraft being used to aid or facilitate a violation of 49 U.S.C. § 46306 (b)(6)(B) (Knowingly Operating or Attempting to Operate an Aircraft with a Suspended or Revoked Registration).

Most of these seizures of airplanes and helicopters involve agents with one of the following agencies:

• Customs and Border Protection (CBP);
• Homeland Security Investigations (HSI);
• Drug Enforcement Administration (DEA); or
• Federal Bureau of Investigation (FBI).

Attorney for Seizures of Aircraft in the United States

If your aircraft or airplane was seized for forfeiture, you might have received a “notice of seizure” from the agency that seized the aircraft. If a state or local agency seized the aircraft, the seizure follows state law under Florida’s Contraband Forfeiture Act (unless a federal agency later adopts the forfeiture). If a federal agent seized the aircraft, the seizure follows federal law.

Either way, attorney Leslie Sammis is experienced in fighting civil asset forfeiture proceedings involving an aircraft. We represent pilots, aircraft owners, and aviation managers. Additionally, attorneys across the county contact us to co-counsel in these cases.

After the aircraft is seized, the receipt or notice of seizure might allege a violation of:

• 49 U.S.C. Section 44103 (regulations concerning the registration of the aircraft);
• 49 U.S.C. Section 46306(b)(4) (obtaining a registration certificate by “knowingly and willfully falsifying or concealing a material fact, making a false, fictitious or fraudulent statement or entry”)’
• 49 U.S.C. Section 46306(d)(2)(C)(ii) (creates a presumption that the aircraft was used in connection with, or to aid or facilitate a violation of section 46306(b)(4) if the application form used to obtain the aircraft registration certificate contains a materials false statement);
• 49 U.S.C. Section 46306(b)(5)(A) (the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked);
• 49 U.S.C. Section 46306(d) (violations related to the aircraft certificate of registration being invalid, suspended, revoked, forged, altered, or obtained by fraud, an external display of false or misleading registration numbers or country of registration; or registration to a false or fictitious person);
• 49 USC Section 46306(d), 49 USC 46306(b)(5)(A), 49 USC 44103 – Owner Operating or Allowing Another to Operate an Unregistered Aircraft;
• 49 USC Section 46306(d), 49 USC 46306(b)(6)(A), 49 USC 41103 – Knowingly Operating or Attempting to Operate an Unregistered Aircraft; and
• 49 USC Section 46306(d), 49 USC 46306(b)(6)(B), 49 USC 41102 – Knowingly Operating or Attempting to Operate an Aircraft With a Suspended or Revoked Registration.

We also represent pilots accused of the unlawful operation of an unregistered airplane. Contact civil asset forfeiture attorney Leslie Sammis at Sammis, no matter the circumstances. Call 813-250-0500 today.

Statutory Presumptions for Seizure and Forfeiture of Aircraft

Under 49 U.S. Code § 46306(d)(2), an aircraft’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of—

1. subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;
2. subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;
3. subsection (b)(4) of this section if—
   • the aircraft is registered to a false or fictitious person; or
   • the application form used to obtain the aircraft certificate of registration contains a material false statement;
4. subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or
5. subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—
   • in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or
   • if a certificate required to be issued for the installation or alteration is not carried on the aircraft.

Under 49 U.S. Code §46306(d)(3), the Administrator of the Federal Aviation Administration (FAA), the Administrator of Drug Enforcement (DEA), and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection.

Under 49 U.S. Code § 46306(d)(3), the federal statutory scheme for imposing penalties or seizing and forfeiting an aircraft does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that—

1. knowingly and willfully forges or alters an aircraft certificate of registration;
2. knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;
3. knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or
4. obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration (FAA) by—
   • knowingly and willfully falsifying or concealing a material fact;
   • making a false, fictitious, or fraudulent statement; or
   • making or using a false document, knowing it contains a false, fictitious, or fraudulent statement or entry.

State or Federal Laws on Seizing an Airplane for Forfeiture

Under 49 U.S. Code § 46306(d)(3), the federal statutory scheme for imposing penalties or seizing and forfeiting an aircraft does not prevent any state, including the State of Florida, from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that—

1. knowingly and willfully forges or alters an aircraft certificate of registration;
2. knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;
3. knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or
4. obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration (FAA) by—
   • knowingly and willfully falsifying or concealing a material fact;
   • making a false, fictitious, or fraudulent statement; or
   • making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.

Furthermore, pursuant to section 171.1(c)(4) of Title 19, Code of Federal Regulations (C.F.R.) (19 C.F.R. Section 171.1(c)(4)), the petitioner in a seizure case must set forth “proof of petitionable interest in the seized property.”

To meet this requirement, the agency will expect evidence that you are in the business of selling aircraft parts or importing aircraft as opposed to a “straw buyer.”

Crimes Involving Aircraft Registration Violations

Under federal law, federal agents seize aircraft and airplanes for registration violations of 49 U.S. Code § 46306 involving aircraft not providing air transportation. Under 49 U.S. Code § 46306(c), the general criminal penalties for a violation can include a fine under title 18, imprisoned for not more than 3 years, or both, if the person:

1. knowingly and willfully forges or alters a certificate authorized to be issued under this part;
2. knowingly sells, uses, attempts to use, or possesses with the intent to use such a certificate;
3. knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft;
4. obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;
5. owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—
   • the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked; or
   • the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after the transfer of ownership;
6.  knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title knowing that:
   • the aircraft is not registered under section 44103 of this title;
   • the certificate of registration is suspended or revoked; or
   • the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after the transfer of ownership;
   • knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman’s certificate authorizing the individual to serve in that capacity;
   • knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity; or
   • operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal Aviation Administration.

Under 49 U.S. Code § 46306(c), the controlled substance criminal penalties include a fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating that:

1. is punishable by death or imprisonment of more than one year under a law of the United States or a State; or
2. that is provided is related to an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance).

Any term of imprisonment imposed for a controlled substance violation must be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual.

Statutory Presumptions for Seizure and Forfeiture of Aircraft

Under 49 U.S. Code § 46306(d)(2), an aircraft’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of—

1. subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;
2. subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;
3. subsection (b)(4) of this section if—
   • the aircraft is registered to a false or fictitious person; or
   • the application form used to obtain the aircraft certificate of registration contains a material false statement;
4.  subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or
5. subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—
   • in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or
   • if a certificate required to be issued for the installation or alteration is not carried on the aircraft.

Under 49 U.S. Code § 46306(d)(3) provides that the Administrator of the Federal Aviation Administration (FAA), the Administrator of Drug Enforcement (DEA), and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection.

Unlawful Operation of an Unregistered Aircraft

Subsection (b)(5)(A) applies to the owner of the aircraft, whether he operates the aircraft himself, attempts to operate it, or allows someone else to operate it. 49 U.S.C. § 46306(b)(5)(A).

Subsection (b)(6)(A) applies to one who operates or attempts to operate the aircraft, whether or not he owns it. 49 U.S.C. § 46306(b)(6)(A). Under 49 U.S.C. § 46306(b), the penalty for a violation includes being “fined under title 18, imprisoned for not more than 3 years, or both.” 49 U.S.C. § 46306(b).

Under 18 U.S.C. § 3571, the maximum fine of $ 250,000 for any felony, unless a specific statute prescribes otherwise (by reference to § 3571). 18 U.S.C. § 3571(b)(3) & (e).

A violation of the aircraft registration requirement contained in 49 U.S.C. § 46306(b) is a Class E felony under 18 U.S.C. § 3559 because a prison term of up to three years is specified. 18 U.S.C. § 3559(a).

This article was last updated on Friday, September 13, 2024.