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CITE

    18 USC Sec. 982                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 46 - FORFEITURE

HEAD

    Sec. 982. Criminal forfeiture

STATUTE

      (a)(1) The court, in imposing sentence on a person convicted of
    an offense in violation of section 1956, 1957, or 1960 of this
    title, shall order that the person forfeit to the United States any
    property, real or personal, involved in such offense, or any
    property traceable to such property.
      (2) The court, in imposing sentence on a person convicted of a
    violation of, or a conspiracy to violate -
        (A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343,
      or 1344 of this title, affecting a financial institution, or
        (B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 481,
      485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028,
      1029, or 1030 of this title,
    shall order that the person forfeit to the United States any
    property constituting, or derived from, proceeds the person
    obtained directly or indirectly, as the result of such violation.
      (3) The court, in imposing a sentence on a person convicted of an
    offense under -
        (A) section 666(a)(1) (relating to Federal program fraud);
        (B) section 1001 (relating to fraud and false statements);
        (C) section 1031 (relating to major fraud against the United
      States);
        (D) section 1032 (relating to concealment of assets from
      conservator, receiver, or liquidating agent of insured financial
      institution);
        (E) section 1341 (relating to mail fraud); or
        (F) section 1343 (relating to wire fraud),
    involving 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, shall
    order that the person forfeit to the United States any property,
    real or personal, which represents or is traceable to the gross
    receipts obtained, directly or indirectly, as a result of such
    violation.
      (4) With respect to an offense listed in subsection (a)(3)
    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 any property, real or personal, tangible or
    intangible, which is obtained, directly or indirectly, as a result
    of such offense.
      (5) The court, in imposing sentence on a person convicted of a
    violation or conspiracy to violate -
        (A) section 511 (altering or removing motor vehicle
      identification numbers);
        (B) section 553 (importing or exporting stolen motor vehicles);
        (C) section 2119 (armed robbery of automobiles);
        (D) section 2312 (transporting stolen motor vehicles in
      interstate commerce); or
        (E) section 2313 (possessing or selling a stolen motor vehicle
      that has moved in interstate commerce);
    shall order that the person forfeit to the United States any
    property, real or personal, which represents or is traceable to the
    gross proceeds obtained, directly or indirectly, as a result of
    such violation.
      (6)(A) The court, in imposing sentence on a person convicted of a
    violation of, or conspiracy to violate, section 274(a), 274A(a)(1),
    or 274A(a)(2) of the Immigration and Nationality Act or section
    555, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this
    title, or a violation of, or conspiracy to violate, section 1028 of
    this title if committed in connection with passport or visa
    issuance or use, shall order that the person forfeit to the United
    States, regardless of any provision of State law -
        (i) any conveyance, including any vessel, vehicle, or aircraft
      used in the commission of the offense of which the person is
      convicted; and
        (ii) any property real or personal -
          (I) that constitutes, or is derived from or is traceable to
        the proceeds obtained directly or indirectly from the
        commission of the offense of which the person is convicted; or
          (II) that is used to facilitate, or is intended to be used to
        facilitate, the commission of the offense of which the person
        is convicted.
      (B) The court, in imposing sentence on a person described in
    subparagraph (A), shall order that the person forfeit to the United
    States all property described in that subparagraph.
      (7) The court, in imposing sentence on a person convicted of a
    Federal health care offense, shall order the person to forfeit
    property, real or personal, that constitutes or is derived,
    directly or indirectly, from gross proceeds traceable to the
    commission of the offense.
      (8) The court, in sentencing a defendant convicted of an offense
    under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a
    conspiracy to commit such an offense, if the offense involves
    telemarketing (as that term is defined in section 2325), shall
    order that the defendant forfeit to the United States any real or
    personal property -
        (A) used or intended to be used to commit, to facilitate, or to
      promote the commission of such offense; and
        (B) constituting, derived from, or traceable to the gross
      proceeds that the defendant obtained directly or indirectly as a
      result of the offense.
      (b)(1) The forfeiture of property under this section, including
    any seizure and disposition of the property and any related
    judicial or administrative proceeding, shall be governed by the
    provisions of section 413 (other than subsection (d) of that
    section) of the Comprehensive Drug Abuse Prevention and Control Act
    of 1970 (21 U.S.C. 853).
      (2) The substitution of assets provisions of subsection 413(p)
    shall not be used to order a defendant to forfeit assets in place
    of the actual property laundered where such defendant acted merely
    as an intermediary who handled but did not retain the property in
    the course of the money laundering offense unless the defendant, in
    committing the offense or offenses giving rise to the forfeiture,
    conducted three or more separate transactions involving a total of
    $100,000 or more in any twelve month period.

SOURCE

    (Added Pub. L. 99-570, title I, Sec. 1366(a), Oct. 27, 1986, 100
    Stat. 3207-39; amended Pub. L. 100-690, title VI, Secs. 6463(c),
    6464, Nov. 18, 1988, 102 Stat. 4374, 4375; Pub. L. 101-73, title
    IX, Sec. 963(c), Aug. 9, 1989, 103 Stat. 504; Pub. L. 101-647,
    title XIV, Secs. 1401, 1403, title XXV, Sec. 2525(b), Nov. 29,
    1990, 104 Stat. 4835, 4874; Pub. L. 102-393, title VI, Sec. 638(e),
    Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102-519, title I, Sec.
    104(b), Oct. 25, 1992, 106 Stat. 3385; Pub. L. 102-550, title XV,
    Sec. 1512(c), Oct. 28, 1992, 106 Stat. 4058; Pub. L. 103-322, title
    XXXIII, Sec. 330011(s)(1), Sept. 13, 1994, 108 Stat. 2145; Pub. L.
    104-191, title II, Sec. 249(a), (b), Aug. 21, 1996, 110 Stat. 2020;
    Pub. L. 104-208, div. C, title II, Sec. 217, Sept. 30, 1996, 110
    Stat. 3009-573; Pub. L. 105-184, Sec. 2, June 23, 1998, 112 Stat.
    520; Pub. L. 105-318, Sec. 6(a), Oct. 30, 1998, 112 Stat. 3010;
    Pub. L. 106-185, Sec. 18(b), Apr. 25, 2000, 114 Stat. 223; Pub. L.
    107-56, title III, Sec. 372(b)(2), Oct. 26, 2001, 115 Stat. 339;
    Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(10), Nov. 2, 2002,
    116 Stat. 1808; Pub. L. 109-295, title V, Sec. 551(c), Oct. 4,
    2006, 120 Stat. 1390; Pub. L. 110-161, div. E, title V, Sec.
    553(b), Dec. 26, 2007, 121 Stat. 2082.)

REFERENCES IN TEXT

      Sections 274 and 274A of the Immigration and Nationality Act,
    referred to in subsec. (a)(6)(A), are classified to sections 1324
    and 1324a, respectively, of Title 8, Aliens and Nationality.

AMENDMENTS

      2007 - Subsec. (a)(6)(A). Pub. L. 110-161 substituted "555" for
    "554" in introductory provisions.
      2006 - Subsec. (a)(6)(A). Pub. L. 109-295 inserted "554," before
    "1425," in introductory provisions.
      2002 - Subsec. (a)(8). Pub. L. 107-273 substituted "court" for
    "Court".
      2001 - Subsec. (a)(1). Pub. L. 107-56 struck out "of section
    5313(a), 5316, or 5324 of title 31, or" before "of section 1956,
    1957, or 1960 of this title" 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."
      2000 - Subsec. (a)(6). Pub. L. 106-185, Sec. 18(b)(2), (3),
    designated concluding provisions of subpar. (A) as subpar. (B),
    substituted "The court, in imposing sentence on a person described
    in subparagraph (A)" for "The court, in imposing sentence on such
    person" and "that subparagraph" for "this subparagraph", and struck
    out former subpar. (B), which read as follows: "The criminal
    forfeiture of property under subparagraph (A), including any
    seizure and disposition of the property and any related
    administrative or judicial proceeding, shall be governed by the
    provisions of section 413 of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 853), other than
    subsections (a) and (d) of such section 413."
      Subsec. (a)(6)(A). Pub. L. 106-185, Sec. 18(b)(1)(A), inserted
    "section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and
    Nationality Act or" after "a person convicted of a violation of, or
    conspiracy to violate," in introductory provisions.
      Subsec. (a)(6)(A)(i). Pub. L. 106-185, Sec. 18(b)(1)(B),
    substituted "the offense of which the person is convicted" for "a
    violation of, or a conspiracy to violate, subsection (a)".
      Subsec. (a)(6)(A)(ii)(I), (II). Pub. L. 106-185, Sec.
    18(b)(1)(C), substituted "the offense of which the person is
    convicted" for "a violation of, or a conspiracy to violate,
    subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration
    and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542,
    1543, 1544, or 1546 of this title".
      1998 - Subsec. (a)(6), (7). Pub. L. 105-184, Sec. 2(1)(A), which
    directed the amendment of subsec. (a) "by redesignating the second
    paragraph designated as paragraph (6) as paragraph (7)", was
    executed by redesignating par. (6), relating to forfeitures for
    Federal health care offenses, as (7), to reflect the probable
    intent of Congress.
      Subsec. (a)(8). Pub. L. 105-184, Sec. 2(1)(B), added par. (8).
      Subsec. (b)(1). Pub. L. 105-318 amended par. (1) generally. Prior
    to amendment, par. (1) read as follows: "Property subject to
    forfeiture under this section, any seizure and disposition thereof,
    and any administrative or judicial proceeding in relation thereto,
    shall be governed -
        "(A) in the case of a forfeiture under subsection (a)(1),
      (a)(6), or (a)(8) of this section, by subsections (c) and (e)
      through (p) of section 413 of the Comprehensive Drug Abuse
      Prevention and Control Act of 1970 (21 U.S.C. 853); and
        "(B) in the case of a forfeiture under subsection (a)(2) of
      this section, by subsections (b), (c), (e), and (g) through (p)
      of section 413 of such Act."
      Subsec. (b)(1)(A). Pub. L. 105-184, Sec. 2(2), substituted
    "(a)(1), (a)(6), or (a)(8)" for "(a)(1) or (a)(6)".
      1996 - Subsec. (a)(6). Pub. L. 104-208 added par. (6) relating to
    criminal forfeiture for passport and visa related offenses.
      Pub. L. 104-191, Sec. 249(a), added par. (6) relating to
    forfeitures for Federal health care offenses.
      Subsec. (b)(1)(A). Pub. L. 104-191, Sec. 249(b), inserted "or
    (a)(6)" after "(a)(1)".
      1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330011(s)(1),
    amended directory language of Pub. L. 101-647, Sec. 1401. See 1990
    Amendment note below.
      1992 - Subsec. (a)(1). Pub. L. 102-550 substituted ", 1957, or
    1960" for "or 1957".
      Subsec. (a)(2). Pub. L. 102-393 amended par. (2) generally. Prior
    to amendment, par. (2) read as follows: "The court, in imposing
    sentence on a person convicted of a violation of, or a conspiracy
    to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1341,
    1343, or 1344 of this title, affecting a financial institution,
    shall order that the person forfeit to the United States any
    property constituting, or derived from, proceeds the person
    obtained directly or indirectly, as the result of such violation."
      Subsec. (a)(5). Pub. L. 102-519 added par. (5).
      1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 1401, as amended by
    Pub. L. 103-322, Sec. 330011(s)(1), inserted ", 5316," after
    "5313(a)", the first place appearing.
      Subsec. (a)(3), (4). Pub. L. 101-647, Sec. 2525(b), added pars.
    (3) and (4).
      Subsec. (b)(2). Pub. L. 101-647, Sec. 1403, inserted before
    period at end "unless the defendant, in committing the offense or
    offenses giving rise to the forfeiture, conducted three or more
    separate transactions involving a total of $100,000 or more in any
    twelve month period".
      1989 - Subsec. (a). Pub. L. 101-73, Sec. 963(c)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 101-73, Sec. 963(c)(2), struck out "The
    provisions of subsections 413(c) and (e) through (p) of the
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
    U.S.C. 853(c) and (e)-(p)) shall apply to property subject to
    forfeiture under this section, to any seizure or disposition
    thereof, and to any administrative or judicial proceeding in
    relation thereto, if not inconsistent with this section. However,
    the", added par. (1), and inserted "(2) The" before "substitution
    of assets".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 6463(c), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) read as
    follows: "The court, in imposing sentence on a person convicted of
    an offense under section 1956 or 1957 of this title shall order
    that the person forfeit to the United States any property, real or
    personal, which represents the gross receipts the person obtained,
    directly or indirectly, as a result of such offense, or which is
    traceable to such gross receipts."
      Subsec. (b). Pub. L. 100-690, Sec. 6464, substituted "(p)" for
    "(o)" in two places and inserted at end "However, the substitution
    of assets provisions of subsection 413(p) not be used to order a
    defendant to forfeit assets in place of the actual property
    laundered where such defendant acted merely as an intermediary who
    handled but did not retain the property in the course of the money
    laundering offense."
                     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)(1) of Pub. L. 103-322 provided that the
    amendment made by that section is effective as of the date on which
    section 1401 of Pub. L. 101-647 took effect.
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