§ 982. — Criminal 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: 18USC982]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 46--FORFEITURE
Sec. 982. Criminal forfeiture
(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 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.
(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.)
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
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.''
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)(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.
Section Referred to in Other Sections
This section is referred to in section 1956 of this title; title 12
sections 1831k, 3412; title 31 section 9703.
