[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC981]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 46--FORFEITURE
Sec. 981. Civil forfeiture
(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 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 act of domestic or international
terrorism (as defined in section 2331) 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 an act of domestic or international terrorism (as
defined in section 2331) against the United States, citizens or
residents of the United States, or their property; or
(iii) derived from, involved in, or used or intended to be
used to commit any act of domestic or international terrorism
(as defined in section 2331) against the United States, citizens
or residents of the United States, or their property.
(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 \1\ 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).
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\1\ So in original. Probably should not be capitalized.
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) \2\ of the Foreign Assistance Act of
1961.
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\2\ See References in Text below.
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 bank,
and that foreign bank 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
bank, 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 bank 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 bank,
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 bank 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 bank at the time such funds
were deposited; and
(II) does not include either the foreign bank or any
financial institution acting as an intermediary in the
transfer of the funds into the interbank account.
(ii) Exception.--The foreign bank 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 bank; or
(II) the foreign bank establishes, by a
preponderance of the evidence, that prior to the
restraint, seizure, or arrest of the funds, the foreign
bank had discharged all or part of its obligation to the
prior owner of the funds, in which case the foreign bank
shall be deemed the owner of the funds to the extent of
such discharged obligation.
(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.)
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.
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties. See, particularly, sections 1902
to 1919 of Title 19.
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
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.
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
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
