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 VETERANS AFFAIRS
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 Veterans Affairs.
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 Veterans Affairs.
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 Veterans Affairs
Citation for
Description of Offense Collateral Forfeiture
Offense
38 C.F.R. Preservation of Property
§ 1.218(b)
(1) Improper disposal of rubbish on property $200
(2) Spitting on property $25
(3) Throwing of articles from a building or the $50
unauthorized climbing upon any part of a
building
(4) Willful destruction, damage, or removal of 10x damage up to
Government property without authorization $500, if over $500,
MA1
(5) Defacement, destruction, mutilation or injury 10x damage up to
to, or removal, or disturbance of, gravemarker $500, if over $500,
or headstone MA
(6) Failure to comply with signs of a directive and $50
restrictive nature posted for safety purposes.
(7) Tampering with, removal, marring, or $150
destruction of posted signs
(8) Entry into areas posted as closed to the public $50
or others (trespass)
(9) Unauthorized demonstration or service in a $250
national cemetery or on other VA property
(10) Creating a disturbance during a burial $250
ceremony
(11) Disorderly conduct which creates loud, $250
boisterous, and unusual noise, or which
obstruct the normal use of entrances, exits,
foyers, offices, corridors, elevators, and
stairways or which tends to impede or prevent
the normal operation of a service or operation
of the facility
(12) Failure to depart premises by unauthorized on $50
property
(13) Unauthorized loitering, sleeping or assembly $50
on property
(14) Gambling-participating in games of chances $200
for monetary gain or personal property; the
operation of gambling devices, a pool or
lottery; or the taking or giving of bets
(15) Operation of a vehicle under the influence of MA
alcoholic beverages or non-prescribed
narcotics drug, hallucinogens, marijuana,
barbiturates, or amphetamines
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“MA” stands for Mandatory Appearance.
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Collateral Forfeiture Schedule, Department of Veterans Affairs
Citation for
Description of Offense Collateral Forfeiture
Offense
(16) Entering premises under the influence of $200
alcoholic beverages or narcotic drugs,
hallucinogens, marijuana, barbiturates, or
amphetamines
(17) Unauthorized use on property of alcoholic $300
beverages
Unauthorized use on property of narcotic MA
drugs, hallucinogens, marijuana, barbiturates,
and/or amphetamines
(18) Unauthorized introduction on VA controlled $75
property of alcoholic beverages or 1 ounce or
less of marijuana.
Unauthorized introduction on VA controlled MA
property of narcotic drugs, hallucinogens,
barbiturates, amphetamines or more than 1
ounce of marijuana, or the unauthorized
giving of same to a patient or beneficiary
(19) Unauthorized solicitation of alms and $50
contributions on premises
(20) Commercial soliciting or vending, or the $50
collection of private debts on property
(21) Distribution of pamphlets, handbills, and flyers $25
(22) Display of placards or posting of material on $25
property
(23) Unauthorized photography on premises $50
(24) Failure to comply with traffic directions of VA $25
police
(25) Parking in spaces posted as reserved for $50
physically disabled persons
(26) Parking in no-parking areas, lanes, or $25
crosswalks so posted or marked by yellow
borders or yellow stripes
(27) Parking in emergency vehicle spaces, areas, $50
and lanes bordered in red or posted as
EMERGENCY VEHICLES ONLY or FIRE
LANE, or parking within 15 feet of a fire
hydrant
(28) Parking within an intersection or blocking a $25
posted vehicle entrance or posted exit lane
(29) Parking in spaces posted as reserved or in $15
excess of a posted time limit
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Collateral Forfeiture Schedule, Department of Veterans Affairs
Citation for
Description of Offense Collateral Forfeiture
Offense
(30) Failing to come to a complete stop at a stop $25
sign.
(31) Failing to yield to a pedestrian in a marked $25
and posted crosswalk
(32) Driving in the wrong direction on a posted $25
one-way street
(33) Operation of a vehicle in a reckless or unsafe MA
manner, too fast for conditions, drag racing,
overriding curbs, or leaving the roadway
(34) Exceeding posted speed limits:
By up to 10 mph . . . . . . . . . . . . . . . . . . $25
By up to 20mph . . . . . . . . . . . . . . . . . . $50
By over 20mph . . . . . . . . . . . . . . . . . . . $100
(35) Creating excessive noise in a hospital or $50
cemetery zone by muffler cut out, excessive
use of a horn, or other means
(36) Failure to yield right of way to other vehicles $50
(37) Possession of firearms, carried, either openly MA
or concealed, whether loaded or unloaded
(except by Federal or State law enforcement
officers on official business
(38) Introduction or possession of explosives, or MA
explosive devices which fire a projectile,
ammunition, or combustibles
(39) Possession of knives which exceed a blade MA
length of 3 inches; switchblade knives; any of
the variety of hatchets, club and hand-held
weapons; or brass knuckles
(40) The unauthorized possession of any of the MA
variety of incapacitating liquid or gas-emitting
weapons
(41) Unauthorized possession, manufacture, or $200
use of keys or barrier card-type keys to rooms
or areas on the property
(42) The surreptitious opening, or attempted $500
opening, of locks or card-operated barrier
mechanisms on property
(43) Soliciting for, or the act of, prostitution $250
(44) Any unlawful sexual activity $250
(45) Jogging, bicycling, sledding or any $50
recreational physical activity conducted on
cemetery grounds
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