§ 984. — Civil forfeiture of fungible property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC984]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 46--FORFEITURE
Sec. 984. Civil forfeiture of fungible property
(a)(1) In any forfeiture action in rem in which the subject property
is cash, monetary instruments in bearer form, funds deposited in an
account in a financial institution (as defined in section 20 of this
title), or precious metals--
(A) it shall not be necessary for the Government to identify the
specific property involved in the offense that is the basis for the
forfeiture; and
(B) it shall not be a defense that the property involved in such
an offense has been removed and replaced by identical property.
(2) Except as provided in subsection (b), any identical property
found in the same place or account as the property involved in the
offense that is the basis for the forfeiture shall be subject to
forfeiture under this section.
(b) No action pursuant to this section to forfeit property not
traceable directly to the offense that is the basis for the forfeiture
may be commenced more than 1 year from the date of the offense.
(c)(1) Subsection (a) does not apply to an action against funds held
by a financial institution in an interbank account unless the account
holder knowingly engaged in the offense that is the basis for the
forfeiture.
(2) In this subsection--
(A) the term ``financial institution'' includes a foreign bank
(as defined in section 1(b)(7) of the International Banking Act of
1978 (12 U.S.C. 3101(b)(7))); \1\ and
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\1\ See References in Text note below.
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(B) the term ``interbank account'' means an account held by one
financial institution at another financial institution primarily for
the purpose of facilitating customer transactions.
(d) Nothing in this section may be construed to limit the ability of
the Government to forfeit property under any provision of law if the
property involved in the offense giving rise to the forfeiture or
property traceable thereto is available for forfeiture.
(Added Pub. L. 102-550, title XV, Sec. 1522(a), Oct. 28, 1992, 106 Stat.
4063; amended Pub. L. 103-325, title IV, Sec. 411(c)(2)(E), Sept. 23,
1994, 108 Stat. 2253; Pub. L. 106-185, Sec. 13(a), Apr. 25, 2000, 114
Stat. 218.)
References in Text
Section 1(b)(7) of the International Banking Act of 1978, referred
to in subsec. (c)(2)(A), is classified to section 3101(7) of Title 12,
Banks and Banking.
Amendments
2000--Subsec. (a). Pub. L. 106-185, Sec. 13(a)(1), (2), redesignated
subsec. (b) as (a), substituted ``or precious metals'' for ``or other
fungible property'' in introductory provisions of par. (1) and
``subsection (b)'' for ``subsection (c)'' in par. (2), and struck out
former subsec. (a) which read as follows: ``This section shall apply to
any action for forfeiture brought by the Government in connection with
any offense under section 1956, 1957, or 1960 of this title or section
5322 or 5324 of title 31, United States Code.''
Subsec. (b). Pub. L. 106-185, Sec. 13(a)(1), redesignated subsec.
(c) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 106-185, Sec. 13(a)(1), redesignated subsec.
(d) as (c). Former subsec. (c) redesignated (b).
Subsec. (c)(1). Pub. L. 106-185, Sec. 13(a)(3)(A), added par. (1)
and struck out former par. (1) which read as follows: ``No action
pursuant to this section to forfeit property not traceable directly to
the offense that is the basis for the forfeiture may be taken against
funds held by a financial institution in an interbank account, unless
the financial institution holding the account knowingly engaged in the
offense.''
Subsec. (c)(2). Pub. L. 106-185, Sec. 13(a)(3)(B), substituted ``In
this subsection--'' for ``As used in this section, the term'', added
subpar. (A), and inserted ``(B) the term'' before ```interbank account'
means''.
Subsec. (d). Pub. L. 106-185, Sec. 13(a)(4), added subsec. (d).
Former subsec. (d) redesignated (c).
1994--Subsec. (a). Pub. L. 103-325 substituted ``section 5322 or
5324 of title 31'' for ``section 5322 of title 31''.
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.
Section Referred to in Other Sections
This section is referred to in section 981 of this title.
