Comparison definition. Under 18 U.S.C. § 983(a)(2)(A), '[a]ny person claiming property seized in a nonjudicial forfeiture proceeding under a civil forfeiture statute may file a claim with the appropriate official after the seizure.' Assuming that the claim is timely and formally adequate, see 18 U.S.C. §§ 983(a)(2)(B) and (C), the statute provides: (A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture . . . or return the property pending the filing of a complaint, except that a court in the district in which the complaint will be filed may extend the period for filing a complaint for good cause shown or upon agreement of the parties. (B) If the Government does not . . . file a complaint for forfeiture or return the property, in accordance with subparagraph (A) . . . the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense. 18 U.S.C. § 983(a)(3).
Although subsection (a)(2)(A) of § 983 allows a seized asset claim to ...