§ 3681. — Order of special forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3681]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 232A--SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME
Sec. 3681. Order of special forfeiture
(a) Upon the motion of the United States attorney made at any time
after conviction of a defendant for an offense under section 794 of this
title or for an offense against the United States resulting in physical
harm to an individual, and after notice to any interested party, the
court shall, if the court determines that the interest of justice or an
order of restitution under this title so requires, order such defendant
to forfeit all or any part of proceeds received or to be received by
that defendant, or a transferee of that defendant, from a contract
relating to a depiction of such crime in a movie, book, newspaper,
magazine, radio or television production, or live entertainment of any
kind, or an expression of that defendant's thoughts, opinions, or
emotions regarding such crime.
(b) An order issued under subsection (a) of this section shall
require that the person with whom the defendant contracts pay to the
Attorney General any proceeds due the defendant under such contract.
(c)(1) Proceeds paid to the Attorney General under this section
shall be retained in escrow in the Crime Victims Fund in the Treasury by
the Attorney General for five years after the date of an order under
this section, but during that five year period may--
(A) be levied upon to satisfy--
(i) a money judgment rendered by a United States district
court in favor of a victim of an offense for which such
defendant has been convicted, or a legal representative of such
victim; and
(ii) a fine imposed by a court of the United States; and
(B) if ordered by the court in the interest of justice, be used
to--
(i) satisfy a money judgment rendered in any court in favor
of a victim of any offense for which such defendant has been
convicted, or a legal representative of such victim; and
(ii) pay for legal representation of the defendant in
matters arising from the offense for which such defendant has
been convicted, but no more than 20 percent of the total
proceeds may be so used.
(2) The court shall direct the disposition of all such proceeds in
the possession of the Attorney General at the end of such five years and
may require that all or any part of such proceeds be released from
escrow and paid into the Crime Victims Fund in the Treasury.
(d) As used in this section, the term ``interested party'' includes
the defendant and any transferee of proceeds due the defendant under the
contract, the person with whom the defendant has contracted, and any
person physically harmed as a result of the offense for which the
defendant has been convicted.
(Added Pub. L. 98-473, title II, Sec. 1406(a), Oct. 12, 1984, 98 Stat.
2175, Sec. 3671; amended Pub. L. 99-399, title XIII, Sec. 1306(c), Aug.
27, 1986, 100 Stat. 899; renumbered Sec. 3681 and amended Pub. L. 99-
646, Secs. 40, 41(a), Nov. 10, 1986, 100 Stat. 3600.)
Amendments
1986--Subsec. (a). Pub. L. 99-646, Sec. 40, struck out ``chapter 227
or 231 of'' after ``restitution under''.
Pub. L. 99-399 inserted ``an offense under section 794 of this title
or for''.
Effective Date
Chapter effective 30 days after Oct. 12, 1984, see section 1409(a)
of Pub. L. 98-473, set out as a note under section 10601 of Title 42,
The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in title 42 section 10601.
