FILED
2020 JUN 3
CLERK
IN THE UNITED STATES DISTRICT COURTU.S. DISTRICT COURT
DISTRICT OF UTAH
IN RE: CVB FORFEITURE OF GENERAL ORDER
COLLATERAL
No. 20-016
Pursuant to Rule 58(d) of the Federal Rules of Criminal Procedure, which
authorizes promulgation of local rules relating to the forfeiture of collateral for the Central
Violations Bureau (CVB) docket,
IT IS ORDERED that persons charged by violation notice with violations of Titles
32, 36, 38, 39, 41, 43, 46, and 50 of the Code of Federal Regulations; Titles 10, 16, 18,
21, 43, 49, and 50 of the United States Code; or the Utah Criminal Code by virtue of the
Assimilative Crimes Act (Title 18, United States Code, Section 13) may waive an
appearance before a United States Magistrate Judge and dispose of the matter by
forfeiting the pre-set collateral, or an amount other than the pre-set collateral, if agreed to
by all parties, for petty and misdemeanor offenses, as set forth in the Court’s 2004
Consolidated Collateral Forfeiture Schedule and its revisions, up to and including General
Order No. 20-007.1 When such collateral is forfeited, the proceedings will terminate, and
the forfeiture shall not constitute a criminal conviction or an admission of guilt. Individuals
with violation notices requiring a mandatory appearance may also request to proceed by
forfeiture of collateral, and they may waive their appearance, by agreement of the parties
and if allowed by the court.
1
The court’s revisions to the 2004 Consolidated Collateral Forfeiture Schedule include General
Order No. 08-005; 2011 Order Revising Collateral Forfeiture Schedule; General Order No. 12-
005; General Order No. 14-006; General Order No. 17-003; General Order No. 18-002; General
Order No. 20-005; General Order No. 20-006; and General Order No. 20-007.
IT IS FURTHER ORDERED that this rule applies retroactively to all individuals who
have forfeited collateral to a CVB violation in the District of Utah.2 As a result, all such
cases are deemed terminated by payment of the collateral, and the forfeiture does not
constitute a criminal conviction or an admission of guilt.
IT IS FURTHER ORDERED that the Local Rules Committee for the District shall
promulgate a local criminal rule consistent with this Order.
SO ORDERED this 2nd day of June, 2020.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
2This Order is intended to clarify and confirm that individuals who made a payment to the CVB
before the Court entered this Order are considered as having “forfeited collateral” for the purposes
of Federal Rule of Criminal Procedure 58.
