IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
IN THE MATTER OF )
)
COLLATERAL FORFEITURE SCHEDULES )
ORDER REGARDING COLLATERAL FORFEITURE SCHEDULE FOR USE BY THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL
PROTECTIVE SERVICE
THIS MATTER comes before the Court on application of the United States of
America pursuant to Local Rule 58.1(h) of the Criminal Rules of the United States
District Court for the District of Colorado for approval of a collateral forfeiture
schedule for use by the United States Department of Homeland Security, Federal
Protective Service.
HAVING considered the application, and being fully advised in the premises, the
Court makes the following FINDINGS:
A. The proposed collateral forfeiture schedule was prepared according to the
collateral forfeiture framework set out in D.C.COLO.LCrR 58.1.
B. The proposed collateral forfeitures for standard offenses fall within the
presumptive forfeiture ranges set out in the collateral forfeiture framework.
C. The proposed collateral forfeitures for aggravated offenses fall within the
presumptive collateral forfeiture ranges for aggravated offenses set out in the collateral
forfeiture framework.
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Therefore, pursuant to D.C.COLO.LCrR 58.1, the Court ORDERS as follows: A.
The Court approves the Collateral Forfeiture Schedule attached as Exhibit
A to this Order for use by the United States Department of Homeland Security, Federal
Protective Service.
B. The approved Collateral Forfeiture Schedule shall be kept on file with the
Clerk’s office.
Dated at Denver, Colorado, this 2nd day of February, 2021.
BY THE COURT:
___________________________
PHILIP A. BRIMMER
Chief United States District Judge
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Exhibit A
Collateral Forfeiture Schedule, Department of Homeland Security, Federal
Protective Service
Citation for Offense Description of Offense Collateral Forfeiture
41 CFR 102-74.375 Admission to Property
102-74.375(a) Trespass during after working hours when $75
closed to the public
102-74.375(b) Trespass during working hours when $75
closed to the public
102-74.375(c) Entering property without signing the $100
register or displaying identification
41 CFR 102-74.380 Preservation of Property
102-74.380(a) Improperly disposing of rubbish $150
102-74.380(b) Willfully destroying, damaging or removing $150
property or any part
102-74.380(c) Theft or Stealing of property $500
102-74.380(d) Creating a hazard to persons or things $250
102-74.380(e) Throwing an article from a building $250
102-74.380(e) Climbing upon the roof or any part of a $250
building, statues, and fountains
41 CFR 102-74.385 Conformity with Signs and Directions
102-74.385 Failing to comply with official signs or the $250
directions of a law enforcement officer
41 CFR 102.74-390 Disturbance
102-74.390 Disorderly conduct
102-74.390(a) Creating a loud or unusual noise $250
102-74.390(b) Obstructing the use of an entrance, foyer, $500
lobby, corridor, office, elevator, stairway or
parking lot
102-74.390(c) Impeding or disrupting the performance of $500
official duties of a government employees
102-74.390(d) Preventing the general public from $500
obtaining government services
41 CFR 102.74-395 Gambling
Participating in games for money or other
102.74-395(a)(1) property $250
102.74-395(a)(2) Operating gambling devices $250
102.74-395(a)(3) Conducting lottery or pool $250
102.74-395(a)(4) Selling or purchasing of numbers tickets $250
41 CFR 102.74-400 Narcotics and Other Drugs
Being under the influence, using or
102.74-400(a) possessing MA
Operating a motor vehicle under the
102.74-400(b) influence MA
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Collateral Forfeiture Schedule, Department of Homeland Security, Federal
Protective Service
Citation for Offense Description of Offense Collateral Forfeiture
41 CFR 102.74-405 Alcoholic Beverages
102-74.405 Entering federal property while under the $250.00
influence of an alcoholic beverage, narcotic
drug, hallucinogen, marijuana, or
amphetamine
102-74.405 Using an alcoholic beverage, narcotic drug, $250.00
hallucinogen, marijuana, or amphetamine
while on federal property
41 CFR 102.74-410 Soliciting, Vending and Debt Collection
102-74.410 Solicitation commercial or political $100.00
donations, vending, merchandise of all
kinds, commercial and collecting private
debts
41 CFR 102.74-415 Posting and Distributing Materials
102-74.415 (a) Distributing Free samples of tobacco $100.00
products in or around property
102-74.415 (b) Displaying a placard or Posting material on $100.00
a bulletin board or elsewhere except as
authorized in Sec. 102-74.410
102-74.415 (c) Distributing material such as pamphlets, $100.00
handbills and or flyers unless conducted as
part of authorized Government activities
41 CFR 102-74.420 Photograph Taking
102-74.420 (A) Except where security regulation, rules, $100.00
orders, or directives apply or a Federal
court order or rule prohibits it, persons
entering in or on Federal Property may take
photographs of space occupied by a tenant
agency for non-commercial purposes only
with the permission of the occupying
agency concerned;
102-74.420 (B) Except where security regulation, rules, $100.00
orders, or directives apply or a Federal
court order or rule prohibits it, persons
entering in or on Federal Property may take
photographs of space occupied by a tenant
agency for commercial purposes only with
written permission of an authorized official
of the occupying agency concerned and;
and
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Collateral Forfeiture Schedule, Department of Homeland Security, Federal
Protective Service
Citation for Offense Description of Offense Collateral Forfeiture
102-74.420 (C) Except where security regulation, rules, $250.00
orders, or directives apply or a Federal
court order or rule prohibits it, persons
entering in or on Federal Property may take
photographs of building entrances lobbies
foyers corridors, or auditoriums for news
purposes.
41 CFR 102-74.425 Dogs or Other Animals
102-74.425 Bringing non-service dog or other animal $75.00
on property
41 CFR 102-74.430 Vehicular and Pedestrian Traffic
102-74.430 (a) Failure to operate a motor vehicle in a $250.00
careful and safe manner
102-74.430 (a) Leaving the scene of a motor vehicle $250.00
accident without reporting
102-74.430 (a) Failing to drive a vehicle upon the right half $30.00
of the roadway or in the right hand lane for
traffic
102-74.430 (a) Causing or permitting a vehicle to obstruct $30.00
traffic by making a turn from the wrong
traffic lane
102-74.430 (b) Failure to obey the lawful order, signal or $250.00
direction of an officer
102-74.430 (b) Driving a vehicle the wrong way on a one- $50.00
way street or traffic lane
102-74.430 (c) Failing to comply with the directions of any $50.00
signal or posted traffic sign
102-74.430 (d) Operating a vehicle in excess of the posted
speed limit
6- 10 miles over posted limit $35.00
11-15 miles over posted limit $40.00
16- and above $50.00
102-74.430 (e) Blocking entrances, driveways, walks, $100.00
loading
Platforms, or fire hydrants
102-74.430 (f) Parking without a permit, $35.00
Parking without authority
Parking in unauthorized location
Parking in locations reserved for others
Parking contrary to the direction of posted
signs
102-74.430 (f) Parking in handicapped spot without permit $150.00
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Collateral Forfeiture Schedule, Department of Homeland Security, Federal
Protective Service
Citation for Offense Description of Offense Collateral Forfeiture
41 CFR 102-74.435 Explosives
102-74.435 Bring or possessing explosives or MA
incendiary device on to Federal Property
for other than official purposes
41 CFR 102-74.440 Weapons
102-74.440 Bring or possessing firearms or other MA
dangerous weapons on to Federal Property
except for official purpose
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