CITE
18 USC Sec. 981 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 46 - FORFEITURE
HEAD
Sec. 981. Civil forfeiture
STATUTE
(a)(1) The following property is subject to forfeiture to the
United States:
(A) Any property, real or personal, involved in a transaction
or attempted transaction in violation of section 1956, 1957 or
1960 of this title, or any property traceable to such property.
(B) Any property, real or personal, within the jurisdiction of
the United States, constituting, derived from, or traceable to,
any proceeds obtained directly or indirectly from an offense
against a foreign nation, or any property used to facilitate such
an offense, if the offense -
(i) involves trafficking in nuclear, chemical, biological, or
radiological weapons technology or material, or the
manufacture, importation, sale, or distribution of a controlled
substance (as that term is defined for purposes of the
Controlled Substances Act), or any other conduct described in
section 1956(c)(7)(B);
(ii) would be punishable within the jurisdiction of the
foreign nation by death or imprisonment for a term exceeding 1
year; and
(iii) would be punishable under the laws of the United States
by imprisonment for a term exceeding 1 year, if the act or
activity constituting the offense had occurred within the
jurisdiction of the United States.
(C) Any property, real or personal, which constitutes or is
derived from proceeds traceable to a violation of section 215,
471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487,
488, 501, 502, 510, 542, 545, 656, 657, 842, 844, 1005, 1006,
1007, 1014, 1028, 1029, 1030, 1032, or 1344 of this title or any
offense constituting "specified unlawful activity" (as defined in
section 1956(c)(7) of this title), or a conspiracy to commit such
offense.
(D) Any property, real or personal, which represents or is
traceable to the gross receipts obtained, directly or indirectly,
from a violation of -
(i) section 666(a)(1) (relating to Federal program fraud);
(ii) section 1001 (relating to fraud and false statements);
(iii) section 1031 (relating to major fraud against the
United States);
(iv) section 1032 (relating to concealment of assets from
conservator or receiver of insured financial institution);
(v) section 1341 (relating to mail fraud); or
(vi) section 1343 (relating to wire fraud),
if such violation relates to the sale of assets acquired or held
by the Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, as conservator or receiver for a financial
institution, or any other conservator for a financial institution
appointed by the Office of the Comptroller of the Currency or the
Office of Thrift Supervision or the National Credit Union
Administration, as conservator or liquidating agent for a
financial institution.
(E) With respect to an offense listed in subsection (a)(1)(D)
committed for the purpose of executing or attempting to execute
any scheme or artifice to defraud, or for obtaining money or
property by means of false or fraudulent statements, pretenses,
representations or promises, the gross receipts of such an
offense shall include all property, real or personal, tangible or
intangible, which thereby is obtained, directly or indirectly.
(F) Any property, real or personal, which represents or is
traceable to the gross proceeds obtained, directly or indirectly,
from a violation of -
(i) section 511 (altering or removing motor vehicle
identification numbers);
(ii) section 553 (importing or exporting stolen motor
vehicles);
(iii) section 2119 (armed robbery of automobiles);
(iv) section 2312 (transporting stolen motor vehicles in
interstate commerce); or
(v) section 2313 (possessing or selling a stolen motor
vehicle that has moved in interstate commerce).
(G) All assets, foreign or domestic -
(i) of any individual, entity, or organization engaged in
planning or perpetrating any any (!1) Federal crime of
terrorism (as defined in section 2332b(g)(5)) against the
United States, citizens or residents of the United States, or
their property, and all assets, foreign or domestic, affording
any person a source of influence over any such entity or
organization;
(ii) acquired or maintained by any person with the intent and
for the purpose of supporting, planning, conducting, or
concealing any Federal crime of terrorism (as defined in
section 2332b(g)(5) (!2) against the United States, citizens or
residents of the United States, or their property;
(iii) derived from, involved in, or used or intended to be
used to commit any Federal crime of terrorism (as defined in
section 2332b(g)(5)) against the United States, citizens or
residents of the United States, or their property; or
(iv) of any individual, entity, or organization engaged in
planning or perpetrating any act of international terrorism (as
defined in section 2331) against any international organization
(as defined in section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b)) or against any
foreign Government.(!3) Where the property sought for
forfeiture is located beyond the territorial boundaries of the
United States, an act in furtherance of such planning or
perpetration must have occurred within the jurisdiction of the
United States.
(H) Any property, real or personal, involved in a violation or
attempted violation, or which constitutes or is derived from
proceeds traceable to a violation, of section 2339C of this
title.
(2) For purposes of paragraph (1), the term "proceeds" is defined
as follows:
(A) In cases involving illegal goods, illegal services,
unlawful activities, and telemarketing and health care fraud
schemes, the term "proceeds" means property of any kind obtained
directly or indirectly, as the result of the commission of the
offense giving rise to forfeiture, and any property traceable
thereto, and is not limited to the net gain or profit realized
from the offense.
(B) In cases involving lawful goods or lawful services that are
sold or provided in an illegal manner, the term "proceeds" means
the amount of money acquired through the illegal transactions
resulting in the forfeiture, less the direct costs incurred in
providing the goods or services. The claimant shall have the
burden of proof with respect to the issue of direct costs. The
direct costs shall not include any part of the overhead expenses
of the entity providing the goods or services, or any part of the
income taxes paid by the entity.
(C) In cases involving fraud in the process of obtaining a loan
or extension of credit, the court shall allow the claimant a
deduction from the forfeiture to the extent that the loan was
repaid, or the debt was satisfied, without any financial loss to
the victim.
(b)(1) Except as provided in section 985, any property subject to
forfeiture to the United States under subsection (a) may be seized
by the Attorney General and, in the case of property involved in a
violation investigated by the Secretary of the Treasury or the
United States Postal Service, the property may also be seized by
the Secretary of the Treasury or the Postal Service, respectively.
(2) Seizures pursuant to this section shall be made pursuant to a
warrant obtained in the same manner as provided for a search
warrant under the Federal Rules of Criminal Procedure, except that
a seizure may be made without a warrant if -
(A) a complaint for forfeiture has been filed in the United
States district court and the court issued an arrest warrant in
rem pursuant to the Supplemental Rules for Certain Admiralty and
Maritime Claims;
(B) there is probable cause to believe that the property is
subject to forfeiture and -
(i) the seizure is made pursuant to a lawful arrest or
search; or
(ii) another exception to the Fourth Amendment warrant
requirement would apply; or
(C) the property was lawfully seized by a State or local law
enforcement agency and transferred to a Federal agency.
(3) Notwithstanding the provisions of rule 41(a) of the Federal
Rules of Criminal Procedure, a seizure warrant may be issued
pursuant to this subsection by a judicial officer in any district
in which a forfeiture action against the property may be filed
under section 1355(b) of title 28, and may be executed in any
district in which the property is found, or transmitted to the
central authority of any foreign state for service in accordance
with any treaty or other international agreement. Any motion for
the return of property seized under this section shall be filed in
the district court in which the seizure warrant was issued or in
the district court for the district in which the property was
seized.
(4)(A) If any person is arrested or charged in a foreign country
in connection with an offense that would give rise to the
forfeiture of property in the United States under this section or
under the Controlled Substances Act, the Attorney General may apply
to any Federal judge or magistrate judge in the district in which
the property is located for an ex parte order restraining the
property subject to forfeiture for not more than 30 days, except
that the time may be extended for good cause shown at a hearing
conducted in the manner provided in rule 43(e) of the Federal Rules
of Civil Procedure.
(B) The application for the restraining order shall set forth the
nature and circumstances of the foreign charges and the basis for
belief that the person arrested or charged has property in the
United States that would be subject to forfeiture, and shall
contain a statement that the restraining order is needed to
preserve the availability of property for such time as is necessary
to receive evidence from the foreign country or elsewhere in
support of probable cause for the seizure of the property under
this subsection.
(c) Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the
Attorney General, the Secretary of the Treasury, or the Postal
Service, as the case may be, subject only to the orders and decrees
of the court or the official having jurisdiction thereof. Whenever
property is seized under this subsection, the Attorney General, the
Secretary of the Treasury, or the Postal Service, as the case may
be, may -
(1) place the property under seal;
(2) remove the property to a place designated by him; or
(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
(d) For purposes of this section, the provisions of the customs
laws relating to the seizure, summary and judicial forfeiture,
condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale of such
property under this section, the remission or mitigation of such
forfeitures, and the compromise of claims (19 U.S.C. 1602 et seq.),
insofar as they are applicable and not inconsistent with the
provisions of this section, shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under this section,
except that such duties as are imposed upon the customs officer or
any other person with respect to the seizure and forfeiture of
property under the customs laws shall be performed with respect to
seizures and forfeitures of property under this section by such
officers, agents, or other persons as may be authorized or
designated for that purpose by the Attorney General, the Secretary
of the Treasury, or the Postal Service, as the case may be. The
Attorney General shall have sole responsibility for disposing of
petitions for remission or mitigation with respect to property
involved in a judicial forfeiture proceeding.
(e) Notwithstanding any other provision of the law, except
section 3 of the Anti Drug Abuse Act of 1986, the Attorney General,
the Secretary of the Treasury, or the Postal Service, as the case
may be, is authorized to retain property forfeited pursuant to this
section, or to transfer such property on such terms and conditions
as he may determine -
(1) to any other Federal agency;
(2) to any State or local law enforcement agency which
participated directly in any of the acts which led to the seizure
or forfeiture of the property;
(3) in the case of property referred to in subsection
(a)(1)(C), to any Federal financial institution regulatory agency
-
(A) to reimburse the agency for payments to claimants or
creditors of the institution; and
(B) to reimburse the insurance fund of the agency for losses
suffered by the fund as a result of the receivership or
liquidation;
(4) in the case of property referred to in subsection
(a)(1)(C), upon the order of the appropriate Federal financial
institution regulatory agency, to the financial institution as
restitution, with the value of the property so transferred to be
set off against any amount later recovered by the financial
institution as compensatory damages in any State or Federal
proceeding;
(5) in the case of property referred to in subsection
(a)(1)(C), to any Federal financial institution regulatory
agency, to the extent of the agency's contribution of resources
to, or expenses involved in, the seizure and forfeiture, and the
investigation leading directly to the seizure and forfeiture, of
such property;
(6) as restoration to any victim of the offense giving rise to
the forfeiture, including, in the case of a money laundering
offense, any offense constituting the underlying specified
unlawful activity; or
(7) In (!3) the case of property referred to in subsection
(a)(1)(D), to the Resolution Trust Corporation, the Federal
Deposit Insurance Corporation, or any other Federal financial
institution regulatory agency (as defined in section 8(e)(7)(D)
of the Federal Deposit Insurance Act).
The Attorney General, the Secretary of the Treasury, or the Postal
Service, as the case may be, shall ensure the equitable transfer
pursuant to paragraph (2) of any forfeited property to the
appropriate State or local law enforcement agency so as to reflect
generally the contribution of any such agency participating
directly in any of the acts which led to the seizure or forfeiture
of such property. A decision by the Attorney General, the Secretary
of the Treasury, or the Postal Service pursuant to paragraph (2)
shall not be subject to review. The United States shall not be
liable in any action arising out of the use of any property the
custody of which was transferred pursuant to this section to any
non-Federal agency. The Attorney General, the Secretary of the
Treasury, or the Postal Service may order the discontinuance of any
forfeiture proceedings under this section in favor of the
institution of forfeiture proceedings by State or local authorities
under an appropriate State or local statute. After the filing of a
complaint for forfeiture under this section, the Attorney General
may seek dismissal of the complaint in favor of forfeiture
proceedings under State or local law. Whenever forfeiture
proceedings are discontinued by the United States in favor of State
or local proceedings, the United States may transfer custody and
possession of the seized property to the appropriate State or local
official immediately upon the initiation of the proper actions by
such officials. Whenever forfeiture proceedings are discontinued by
the United States in favor of State or local proceedings, notice
shall be sent to all known interested parties advising them of the
discontinuance or dismissal. The United States shall not be liable
in any action arising out of the seizure, detention, and transfer
of seized property to State or local officials. The United States
shall not be liable in any action arising out of a transfer under
paragraph (3), (4), or (5) of this subsection.
(f) All right, title, and interest in property described in
subsection (a) of this section shall vest in the United States upon
commission of the act giving rise to forfeiture under this section.
(g)(1) Upon the motion of the United States, the court shall stay
the civil forfeiture proceeding if the court determines that civil
discovery will adversely affect the ability of the Government to
conduct a related criminal investigation or the prosecution of a
related criminal case.
(2) Upon the motion of a claimant, the court shall stay the civil
forfeiture proceeding with respect to that claimant if the court
determines that -
(A) the claimant is the subject of a related criminal
investigation or case;
(B) the claimant has standing to assert a claim in the civil
forfeiture proceeding; and
(C) continuation of the forfeiture proceeding will burden the
right of the claimant against self-incrimination in the related
investigation or case.
(3) With respect to the impact of civil discovery described in
paragraphs (1) and (2), the court may determine that a stay is
unnecessary if a protective order limiting discovery would protect
the interest of one party without unfairly limiting the ability of
the opposing party to pursue the civil case. In no case, however,
shall the court impose a protective order as an alternative to a
stay if the effect of such protective order would be to allow one
party to pursue discovery while the other party is substantially
unable to do so.
(4) In this subsection, the terms "related criminal case" and
"related criminal investigation" mean an actual prosecution or
investigation in progress at the time at which the request for the
stay, or any subsequent motion to lift the stay is made. In
determining whether a criminal case or investigation is "related"
to a civil forfeiture proceeding, the court shall consider the
degree of similarity between the parties, witnesses, facts, and
circumstances involved in the two proceedings, without requiring an
identity with respect to any one or more factors.
(5) In requesting a stay under paragraph (1), the Government may,
in appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect an ongoing criminal
investigation or pending criminal trial.
(6) Whenever a civil forfeiture proceeding is stayed pursuant to
this subsection, the court shall enter any order necessary to
preserve the value of the property or to protect the rights of
lienholders or other persons with an interest in the property while
the stay is in effect.
(7) A determination by the court that the claimant has standing
to request a stay pursuant to paragraph (2) shall apply only to
this subsection and shall not preclude the Government from
objecting to the standing of the claimant by dispositive motion or
at the time of trial.
(h) In addition to the venue provided for in section 1395 of
title 28 or any other provision of law, in the case of property of
a defendant charged with a violation that is the basis for
forfeiture of the property under this section, a proceeding for
forfeiture under this section may be brought in the judicial
district in which the defendant owning such property is found or in
the judicial district in which the criminal prosecution is brought.
(i)(1) Whenever property is civilly or criminally forfeited under
this chapter, the Attorney General or the Secretary of the
Treasury, as the case may be, may transfer the forfeited personal
property or the proceeds of the sale of any forfeited personal or
real property to any foreign country which participated directly or
indirectly in the seizure or forfeiture of the property, if such a
transfer -
(A) has been agreed to by the Secretary of State;
(B) is authorized in an international agreement between the
United States and the foreign country; and
(C) is made to a country which, if applicable, has been
certified under section 481(h) (!4) of the Foreign Assistance Act
of 1961.
A decision by the Attorney General or the Secretary of the Treasury
pursuant to this paragraph shall not be subject to review. The
foreign country shall, in the event of a transfer of property or
proceeds of sale of property under this subsection, bear all
expenses incurred by the United States in the seizure, maintenance,
inventory, storage, forfeiture, and disposition of the property,
and all transfer costs. The payment of all such expenses, and the
transfer of assets pursuant to this paragraph, shall be upon such
terms and conditions as the Attorney General or the Secretary of
the Treasury may, in his discretion, set.
(2) The provisions of this section shall not be construed as
limiting or superseding any other authority of the United States to
provide assistance to a foreign country in obtaining property
related to a crime committed in the foreign country, including
property which is sought as evidence of a crime committed in the
foreign country.
(3) A certified order or judgment of forfeiture by a court of
competent jurisdiction of a foreign country concerning property
which is the subject of forfeiture under this section and was
determined by such court to be the type of property described in
subsection (a)(1)(B) of this section, and any certified recordings
or transcripts of testimony taken in a foreign judicial proceeding
concerning such order or judgment of forfeiture, shall be
admissible in evidence in a proceeding brought pursuant to this
section. Such certified order or judgment of forfeiture, when
admitted into evidence, shall constitute probable cause that the
property forfeited by such order or judgment of forfeiture is
subject to forfeiture under this section and creates a rebuttable
presumption of the forfeitability of such property under this
section.
(4) A certified order or judgment of conviction by a court of
competent jurisdiction of a foreign country concerning an unlawful
drug activity which gives rise to forfeiture under this section and
any certified recordings or transcripts of testimony taken in a
foreign judicial proceeding concerning such order or judgment of
conviction shall be admissible in evidence in a proceeding brought
pursuant to this section. Such certified order or judgment of
conviction, when admitted into evidence, creates a rebuttable
presumption that the unlawful drug activity giving rise to
forfeiture under this section has occurred.
(5) The provisions of paragraphs (3) and (4) of this subsection
shall not be construed as limiting the admissibility of any
evidence otherwise admissible, nor shall they limit the ability of
the United States to establish probable cause that property is
subject to forfeiture by any evidence otherwise admissible.
(j) For purposes of this section -
(1) the term "Attorney General" means the Attorney General or
his delegate; and
(2) the term "Secretary of the Treasury" means the Secretary of
the Treasury or his delegate.
(k) Interbank Accounts. -
(1) In general. -
(A) In general. - For the purpose of a forfeiture under this
section or under the Controlled Substances Act (21 U.S.C. 801
et seq.), if funds are deposited into an account at a foreign
financial institution (as defined in section 984(c)(2)(A) of
this title), and that foreign financial institution (as defined
in section 984(c)(2)(A) of this title) has an interbank account
in the United States with a covered financial institution (as
defined in section 5318(j)(1) of title 31), the funds shall be
deemed to have been deposited into the interbank account in the
United States, and any restraining order, seizure warrant, or
arrest warrant in rem regarding the funds may be served on the
covered financial institution, and funds in the interbank
account, up to the value of the funds deposited into the
account at the foreign financial institution (as defined in
section 984(c)(2)(A) of this title), may be restrained, seized,
or arrested.
(B) Authority to suspend. - The Attorney General, in
consultation with the Secretary of the Treasury, may suspend or
terminate a forfeiture under this section if the Attorney
General determines that a conflict of law exists between the
laws of the jurisdiction in which the foreign financial
institution (as defined in section 984(c)(2)(A) of this title)
is located and the laws of the United States with respect to
liabilities arising from the restraint, seizure, or arrest of
such funds, and that such suspension or termination would be in
the interest of justice and would not harm the national
interests of the United States.
(2) No requirement for government to trace funds. - If a
forfeiture action is brought against funds that are restrained,
seized, or arrested under paragraph (1), it shall not be
necessary for the Government to establish that the funds are
directly traceable to the funds that were deposited into the
foreign financial institution (as defined in section 984(c)(2)(A)
of this title), nor shall it be necessary for the Government to
rely on the application of section 984.
(3) Claims brought by owner of the funds. - If a forfeiture
action is instituted against funds restrained, seized, or
arrested under paragraph (1), the owner of the funds deposited
into the account at the foreign financial institution (as defined
in section 984(c)(2)(A) of this title) may contest the forfeiture
by filing a claim under section 983.
(4) Definitions. - For purposes of this subsection, the
following definitions shall apply:
(A) Interbank account. - The term "interbank account" has the
same meaning as in section 984(c)(2)(B).
(B) Owner. -
(i) In general. - Except as provided in clause (ii), the
term "owner" -
(I) means the person who was the owner, as that term is
defined in section 983(d)(6), of the funds that were
deposited into the foreign financial institution (as
defined in section 984(c)(2)(A) of this title) at the time
such funds were deposited; and
(II) does not include either the foreign financial
institution (as defined in section 984(c)(2)(A) of this
title) or any financial institution acting as an
intermediary in the transfer of the funds into the
interbank account.
(ii) Exception. - The foreign financial institution (as
defined in section 984(c)(2)(A) of this title) may be
considered the "owner" of the funds (and no other person
shall qualify as the owner of such funds) only if -
(I) the basis for the forfeiture action is wrongdoing
committed by the foreign financial institution (as defined
in section 984(c)(2)(A) of this title); or
(II) the foreign financial institution (as defined in
section 984(c)(2)(A) of this title) establishes, by a
preponderance of the evidence, that prior to the restraint,
seizure, or arrest of the funds, the foreign financial
institution (as defined in section 984(c)(2)(A) of this
title) had discharged all or part of its obligation to the
prior owner of the funds, in which case the foreign
financial institution (as defined in section 984(c)(2)(A)
of this title) shall be deemed the owner of the funds to
the extent of such discharged obligation.
SOURCE
(Added Pub. L. 99-570, title I, Sec. 1366(a), Oct. 27, 1986, 100
Stat. 3207-35; amended Pub. L. 100-690, title VI, Secs. 6463(a),
(b), 6469(b), 6470(b), (e), (f), 6471(c), Nov. 18, 1988, 102 Stat.
4374, 4377, 4378; Pub. L. 101-73, title IX, Sec. 963(a), (b), Aug.
9, 1989, 103 Stat. 504; Pub. L. 101-647, title I, Sec. 103, title
XXV, Secs. 2508, 2524, 2525(a), title XXXV, Sec. 3531, Nov. 29,
1990, 104 Stat. 4791, 4862, 4873, 4874, 4924; Pub. L. 102-393,
title VI, Sec. 638(d), Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102-
519, title I, Sec. 104(a), Oct. 25, 1992, 106 Stat. 3385; Pub. L.
102-550, title XV, Secs. 1525(c)(1), 1533, Oct. 28, 1992, 106 Stat.
4065, 4066; Pub. L. 103-322, title XXXIII, Sec. 330011(s)(2), Sept.
13, 1994, 108 Stat. 2146; Pub. L. 103-447, title I, Sec. 102(b),
Nov. 2, 1994, 108 Stat. 4693; Pub. L. 106-185, Secs. 2(c)(1), 5(a),
6, 8(a), 20, Apr. 25, 2000, 114 Stat. 210, 213-215, 224; Pub. L.
107-56, title III, Secs. 319(a), 320, 372(b)(1), 373(b), title
VIII, Sec. 806, Oct. 26, 2001, 115 Stat. 311, 315, 339, 340, 378;
Pub. L. 107-197, title III, Sec. 301(d), June 25, 2002, 116 Stat.
728; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(2), Nov. 2,
2002, 116 Stat. 1806; Pub. L. 109-177, title I, Secs. 111, 120,
title IV, Secs. 404, 406(a)(3), Mar. 9, 2006, 120 Stat. 209, 221,
244.)
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsecs.
(a)(1)(B)(i), (b)(4)(A), and (k)(1)(A), is title II of Pub. L. 91-
513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified
principally to subchapter I (Sec. 801 et seq.) of chapter 13 of
Title 21, Food and Drugs. For complete classification of this Act
to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2), (3), are set out in the Appendix to this title.
The Supplemental Rules for Certain Admiralty and Maritime Claims,
referred to in subsec. (b)(2)(A), are set out as part of the
Federal Rules of Civil Procedure in the Appendix to Title 28,
Judiciary and Judicial Procedure.
The Federal Rules of Civil Procedure, referred to in subsec.
(b)(4)(A), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Section 3 of the Anti Drug Abuse Act of 1986, referred to in
subsec. (e), is section 3 of Pub. L. 99-570, which is set out as a
note under section 801 of Title 21, Food and Drugs.
Section 8(e)(7)(D) of the Federal Deposit Insurance Act, referred
to in subsec. (e)(7), is classified to section 1818(e)(7)(D) of
Title 12, Banks and Banking.
Section 481(h) of the Foreign Assistance Act of 1961, referred to
in subsec. (i)(1)(C), was classified to section 2291(h) of Title
22, Foreign Relations and Intercourse, prior to repeal of subsec.
(h) by Pub. L. 102-583, Sec. 6(b)(2), Nov. 2, 1992, 106 Stat. 4932.
Reference to section 481(h) of the Foreign Assistance Act of 1961
probably should be to section 490(a)(1) of the Act, which is
classified to section 2291j(a)(1) of Title 22.
AMENDMENTS
2006 - Subsec. (a)(1)(B)(i). Pub. L. 109-177, Sec. 111, inserted
"trafficking in nuclear, chemical, biological, or radiological
weapons technology or material, or" after "involves".
Subsec. (a)(1)(G)(i). Pub. L. 109-177, Sec. 120(1), which
directed amendment of cl. (i) by substituting "any Federal crime of
terrorism (as defined in section 2332b(g)(5))" for "act of
international or domestic terrorism (as defined in section 2331)",
was executed by making the substitution for "act of domestic or
international terrorism (as defined in section 2331)", to reflect
the probable intent of Congress.
Subsec. (a)(1)(G)(ii). Pub. L. 109-177, Sec. 120(2), which
directed amendment of cl. (ii) by "striking 'an act of
international or domestic terrorism (as defined in section 2331)'
with 'any Federal crime of terrorism (as defined in section
2332b(g)(5)' ", was executed by striking "an act of domestic or
international terrorism (as defined in section 2331)" and inserting
"any Federal crime of terrorism (as defined in section
2332b(g)(5)", to reflect the probable intent of Congress.
Subsec. (a)(i)(G)(iii). Pub. L. 109-177, Sec. 120(3), which
directed amendment of cl. (iii) by substituting "Federal crime of
terrorism (as defined in section 2332b(g)(5))" for "act of
international or domestic terrorism (as defined in section 2331)",
was executed by making the substitution for "act of domestic or
international terrorism (as defined in section 2331)", to reflect
the probable intent of Congress.
Subsec. (a)(1)(G)(iv). Pub. L. 109-177, Sec. 404, added cl. (iv).
Subsec. (k). Pub. L. 109-177, Sec. 406(a)(3), substituted
"foreign financial institution (as defined in section 984(c)(2)(A)
of this title)" for "foreign bank" wherever appearing.
2002 - Subsec. (a)(1)(H). Pub. L. 107-197 added subpar. (H).
Subsec. (d). Pub. L. 107-273 substituted "proceeds from the sale
of such property under this section" for "proceeds from the sale of
this section".
2001 - Subsec. (a)(1)(A). Pub. L. 107-56, Secs. 372(b)(1),
373(b), struck out "of section 5313(a) or 5324(a) of title 31, or"
after "transaction or attempted transaction in violation",
substituted ", 1957 or 1960" for "or 1957", and struck out at end
"However, no property shall be seized or forfeited in the case of a
violation of section 5313(a) of title 31 by a domestic financial
institution examined by a Federal bank supervisory agency or a
financial institution regulated by the Securities and Exchange
Commission or a partner, director, or employee thereof."
Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 320, amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: "Any
property, real or personal, within the jurisdiction of the United
States, constituting, derived from, or traceable to, any proceeds
obtained directly or indirectly from an offense against a foreign
nation involving the manufacture, importation, sale, or
distribution of a controlled substance (as such term is defined for
the purposes of the Controlled Substances Act), within whose
jurisdiction such offense would be punishable by death or
imprisonment for a term exceeding one year and which would be
punishable under the laws of the United States by imprisonment for
a term exceeding one year if such act or activity constituting the
offense against the foreign nation had occurred within the
jurisdiction of the United States."
Subsec. (a)(1)(G). Pub. L. 107-56, Sec. 806, added subpar. (G).
Subsec. (k). Pub. L. 107-56, Sec. 319(a), added subsec. (k).
2000 - Subsec. (a)(1). Pub. L. 106-185, Sec. 2(c)(1)(A),
substituted "The" for "Except as provided in paragraph (2), the" in
introductory provisions.
Subsec. (a)(1)(C). Pub. L. 106-185, Sec. 20(a), substituted "or
any offense constituting 'specified unlawful activity' (as defined
in section 1956(c)(7) of this title), or a conspiracy to commit
such offense." for "or a violation of section 1341 or 1343 of such
title affecting a financial institution."
Subsec. (a)(2). Pub. L. 106-185, Secs. 2(c)(1)(B), 20(b), added
par. (2) and struck out former par. (2) which read as follows: "No
property shall be forfeited under this section to the extent of the
interest of an owner or lienholder by reason of any act or omission
established by that owner or lienholder to have been committed
without the knowledge of that owner or lienholder."
Subsec. (b). Pub. L. 106-185, Sec. 5(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"(b)(1) Any property -
"(A) subject to forfeiture to the United States under
subparagraph (A) or (B) of subsection (a)(1) of this section -
"(i) may be seized by the Attorney General; or
"(ii) in the case of property involved in a violation of
section 5313(a) or 5324 of title 31, United States Code, or
section 1956 or 1957 of this title investigated by the
Secretary of the Treasury or the United States Postal Service,
may be seized by the Secretary of the Treasury or the Postal
Service; and
"(B) subject to forfeiture to the United States under
subparagraph (C) of subsection (a)(1) of this section may be
seized by the Attorney General, the Secretary of the Treasury, or
the Postal Service.
"(2) Property shall be seized under paragraph (1) of this
subsection upon process issued pursuant to the Supplemental Rules
for certain Admiralty and Maritime Claims by any district court of
the United States having jurisdiction over the property, except
that seizure without such process may be made when -
"(A) the seizure is pursuant to a lawful arrest or search; or
"(B) the Attorney General, the Secretary of the Treasury, or
the Postal Service, as the case may be, has obtained a warrant
for such seizure pursuant to the Federal Rules of Criminal
Procedure, in which event proceedings under subsection (d) of
this section shall be instituted promptly."
Subsec. (e)(6). Pub. L. 106-185, Sec. 6, added par. (6) and
struck out former par. (6) which read as follows: "in the case of
property referred to in subsection (a)(1)(C), restore forfeited
property to any victim of an offense described in subsection
(a)(1)(C); or".
Subsec. (g). Pub. L. 106-185, Sec. 8(a), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: "The
filing of an indictment or information alleging a violation of law,
Federal, State, or local, which is also related to a forfeiture
proceeding under this section shall, upon motion of the United
States and for good cause shown, stay the forfeiture proceeding."
1994 - Subsec. (e)(7). Pub. L. 103-322, Sec. 330011(s)(2),
amended directory language of Pub. L. 101-647, Sec. 2525(a)(2). See
1990 Amendment note below.
Subsec. (i)(1)(C). Pub. L. 103-447, which directed substitution
of "section 490(a)(1) of the Foreign Assistance Act of 1961" for
"paragraph (1)(A) of section 481(h) of the Foreign Assistance Act
of 1961", could not be executed because the words "paragraph (1)(A)
of" do not appear in text.
1992 - Subsec. (a)(1)(A). Pub. L. 102-550, Sec. 1525(c)(1),
substituted "5324(a)" for "5324".
Subsec. (a)(1)(C). Pub. L. 102-393 inserted provisions relating
to sections 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485,
486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, and
1030 of this title.
Subsec. (a)(1)(F). Pub. L. 102-519 added subpar. (F).
Subsec. (e). Pub. L. 102-550, Sec. 1533, struck out penultimate
sentence of concluding provisions which read as follows: "The
authority granted to the Secretary of the Treasury and the Postal
Service pursuant to this subsection shall apply only to property
that has been administratively forfeited."
1990 - Subsec. (a)(1)(C). Pub. L. 101-647, Sec. 2524(1), inserted
"1032," after "1014," and "or a violation of section 1341 or 1343
of such title affecting a financial institution" before period at
end.
Subsec. (a)(1)(D), (E). Pub. L. 101-647, Sec. 2525(a)(1), added
subpars. (D) and (E).
Subsec. (b). Pub. L. 101-647, Sec. 2524(2), added par. (1) and
par. (2) introductory provisions, redesignated former pars. (1) and
(2) as subpars. (A) and (B) of par. (2), and struck out former
introductory provisions which read as follows: "Any property
subject to forfeiture to the United States under subsection
(a)(1)(A) or (a)(1)(B) of this section may be seized by the
Attorney General or, with respect to property involved in a
violation of section 5313(a) or 5324 of title 31 or of section 1956
or 1957 of this title investigated by the Secretary of the Treasury
or the Postal Service may be seized by the Secretary of the
Treasury or the Postal Service, in each case upon process issued
pursuant to the Supplemental Rules for certain Admiralty and
Maritime Claims by any district court of the United States having
jurisdiction over the property, except that seizure without such
process may be made when - ".
Subsec. (d). Pub. L. 101-647, Sec. 3531, inserted a period at
end.
Subsec. (e)(3), (4). Pub. L. 101-647, Sec. 2524(3), (4), struck
out "(if the affected financial institution is in receivership or
liquidation)" after "subsection (a)(1)(C)".
Subsec. (e)(6). Pub. L. 101-647, Sec. 2508, added par. (6).
Subsec. (e)(7). Pub. L. 101-647, Sec. 2525(a)(2), as amended by
Pub. L. 103-322, Sec. 330011(s)(2), added par. (7).
Subsec. (i). Pub. L. 101-647, Sec. 103(1), struck out
introductory provisions which read as follows: "In the case of
property subject to forfeiture under subsection (a)(1)(B), the
following additional provisions shall, to the extent provided by
treaty, apply:".
Subsec. (i)(1). Pub. L. 101-647, Sec. 103(3), substituted first
sentence for "Notwithstanding any other provision of law, except
section 3 of the Anti Drug Abuse Act of 1986, whenever property is
civilly or criminally forfeited under the Controlled Substances
Act, the Attorney General may, with the concurrence of the
Secretary of State, equitably transfer any conveyance, currency,
and any other type of personal property which the Attorney General
may designate by regulation for equitable transfer, or any amounts
realized by the United States from the sale of any real or personal
property forfeited under the Controlled Substances Act to an
appropriate foreign country to reflect generally the contribution
of any such foreign country participating directly or indirectly in
any acts which led to the seizure or forfeiture of such property.
Such property when forfeited pursuant to subsection (a)(1)(B) of
this section may also be transferred to a foreign country pursuant
to a treaty providing for the transfer of forfeited property to
such foreign country."
Pub. L. 101-647, Sec. 103(2), (4), (5), inserted "or the
Secretary of the Treasury" after "Attorney General" in two places,
realigned margin, and struck out at end "Transfers may be made
under this subsection during a fiscal year to a country that is
subject to paragraph (1)(A) of section 481(h) of the Foreign
Assistance Act of 1961 (relating to restrictions on United States
assistance) only if there is a certification in effect with respect
to that country for that fiscal year under paragraph (2) of that
section."
Subsec. (i)(2) to (5). Pub. L. 101-647, Sec. 103(2), realigned
margins.
1989 - Subsec. (a)(1)(C). Pub. L. 101-73, Sec. 963(a), added
subpar. (C).
Subsec. (e). Pub. L. 101-73, Sec. 963(b), substituted "determine -
" for "determine to - " in introductory provisions, inserted "The
United States shall not be liable in any action arising out of a
transfer under paragraph (3), (4), or (5) of this subsection." in
closing provisions, added pars. (1) to (5), and struck out former
pars. (1) and (2) which read as follows:
"(1) any other Federal agency; or
"(2) any State or local law enforcement agency which participated
directly in any of the acts which led to the seizure or forfeiture
of the property."
1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 6463(a)(1), added
subpar. (A) and struck out former subpar. (A) which read as
follows: "Any property, real or personal, which represents the
gross receipts a person obtains, directly or indirectly, as a
result of a violation of section 1956 or 1957 of this title, or
which is traceable to such gross receipts."
Subsec. (a)(1)(B). Pub. L. 100-690, Sec. 6470(b), inserted ",
real or personal," after "property", substituted "constituting,
derived from, or traceable to, any proceeds obtained directly or
indirectly from" for "which represents the proceeds of", "such
offense would" for "such offense or activity would", and
"punishable under the laws of the United States by imprisonment"
for "punishable by imprisonment", and inserted "constituting the
offense against the foreign nation" after "such act or activity".
Subsec. (a)(1)(C). Pub. L. 100-690, Sec. 6463(a)(2), struck out
subpar. (C) which read as follows: "Any coin and currency (or other
monetary instrument as the Secretary of the Treasury may prescribe)
or any interest in other property, including any deposit in a
financial institution, traceable to such coin or currency involved
in a transaction or attempted transaction in violation of section
5313(a) or 5324 of title 31 may be seized and forfeited to the
United States Government. No property or interest in property shall
be seized or forfeited if the violation is by a domestic financial
institution examined by a Federal bank supervisory agency or a
financial institution regulated by the Securities and Exchange
Commission or a partner, director, officer, or employee thereof."
Subsec. (a)(2). Pub. L. 100-690, Sec. 6470(e), substituted
"omission" for "emission".
Subsec. (b). Pub. L. 100-690, Sec. 6463(b), which directed
amendment of subsec. (b) by substituting "involved in a violation
of section 5313(a) or 5324 of title 31 or of section 1956 or 1957
of this title investigated by the Secretary of the Treasury" for
"involved in a violation of section 1956 or 1957 of this title
investigated by the Secretary of the Treasury, and any property
subject to forfeiture under subsection (a)(1)(C) of this section"
was executed by substituting the new language for "involved in a
violation of section 1956 or 1957 of this title investigated by the
Secretary of the Treasury, may be seized by the Secretary of the
Treasury, and any property subject to forfeiture under subsection
(a)(1)(C) of this section" in introductory provisions, to reflect
the probable intent of Congress.
Pub. L. 100-690, Sec. 6469(b)(1), inserted "or the Postal
Service" after "Secretary of the Treasury" in two places in
introductory provisions.
Subsec. (b)(2). Pub. L. 100-690, Sec. 6469(b)(2), substituted
"the Attorney General, the Secretary of the Treasury, or the Postal
Service" for "the Attorney General or the Secretary of the
Treasury".
Subsec. (c). Pub. L. 100-690, Sec. 6469(b)(2), substituted "the
Attorney General, the Secretary of the Treasury, or the Postal
Service" for "the Attorney General or the Secretary of the
Treasury" in two places.
Subsec. (d). Pub. L. 100-690, Sec. 6469(b)(2), (3), substituted
"the Attorney General, the Secretary of the Treasury, or the Postal
Service" for "the Attorney General or the Secretary of the
Treasury" and inserted provision that Attorney General have sole
responsibility for disposing of petitions for remission or
mitigation with respect to property involved in a judicial
forfeiture proceeding.
Subsec. (e). Pub. L. 100-690, Sec. 6469(b)(2), which directed the
substitution of "the Attorney General, the Secretary of the
Treasury, or the Postal Service" for "the Attorney General or the
Secretary of the Treasury" was executed to reflect the probable
intent of Congress by making the substitution in four places
without regard as to whether or not the initial article "the" was
capitalized.
Pub. L. 100-690, Sec. 6469(b)(4), inserted provision that the
authority granted to the Secretary of the Treasury and the Postal
Service apply only to property that has been administratively
forfeited.
Subsec. (g). Pub. L. 100-690, Sec. 6471(c), inserted ", Federal,
State or local," after "law".
Subsec. (i)(1). Pub. L. 100-690, Sec. 6470(f), substituted
"subsection" for "subchapter" in fourth sentence.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-185 applicable to any forfeiture
proceeding commenced on or after the date that is 120 days after
Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
under section 1324 of Title 8, Aliens and Nationality.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 330011(s)(2) of Pub. L. 103-322 provided that the
amendment made by that section is effective as of the date on which
section 2525(a)(2) of Pub. L. 101-647 took effect.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-185, Sec. 1(a), Apr. 25, 2000, 114 Stat. 202,
provided that: "This Act [enacting sections 983 and 985 of this
title and sections 2466 and 2467 of Title 28, Judiciary and
Judicial Procedure, amending this section, sections 982 to 984,
986, 2232, 2254, and 3322 of this title, section 1324 of Title 8,
Aliens and Nationality, section 1621 of Title 19, Customs Duties,
section 881 of Title 21, Food and Drugs, sections 524, 2461, 2465,
and 2680 of Title 28, and section 2996f of Title 42, The Public
Health and Welfare, repealing section 888 of Title 21, and enacting
provisions set out as notes under section 1324 of Title 8, section
2466 of Title 28, and section 3724 of Title 31, Money and Finance]
may be cited as the 'Civil Asset Forfeiture Reform Act of 2000'."
SHORT TITLE OF 1988 AMENDMENT
Section 6181 of Pub. L. 100-690 provided that: "This subtitle
[subtitle E (Secs. 6181-6187) of title VI of Pub. L. 100-690,
enacting sections 5325 and 5326 of Title 31, Money and Finance,
amending sections 1956 and 1957 of this title, sections 1730d,
1829b, 1953, 1955, 3403, 3412, 3413, 3417, and 3420 of Title 12,
Banks and Banking, and sections 5312, 5318, and 5321 of Title 31]
may be cited as the 'Money Laundering Prosecution Improvements Act
of 1988'."
SHORT TITLE OF 1986 AMENDMENT
Section 1351 of Pub. L. 99-570 provided that: "This subtitle
[subtitle H (Secs. 1351-1367) of title I of Pub. L. 99-570,
enacting this section, sections 982, 1956, and 1957 of this title
and section 5324 of Title 31, Money and Finance, amending sections
1952, 1961, and 2516 of this title, sections 1464, 1730, 1786,
1817, 1818, 3403, and 3413 of Title 12, Banks and Banking, and
sections 5312, 5316 to 5318, 5321, and 5322 of Title 31, and
enacting provisions set out as notes under this section, sections
1464 and 1730 of Title 12, and sections 5315 to 5317, 5321, and
5324 of Title 31] may be cited as the 'Money Laundering Control Act
of 1986'."
SEVERABILITY
Section 1367 of Pub. L. 99-570 provided that: "If any provision
of this subtitle [see Short Title of 1986 Amendment note above] or
any amendment made by this Act [see Short Title of 1986 Amendment
note set out under section 801 of Title 21, Food and Drugs], or the
application thereof to any person or circumstances is held invalid,
the provisions of every other part, and their application, shall
not be affected thereby."
FOOTNOTE
(!1) So in original.
(!2) So in original. A second closing parenthesis probably
should appear.
(!3) So in original. Probably should not be capitalized.
(!4) See References in Text below.