-CITE-
    18 USC CHAPTER 46 - FORFEITURE                              01/03/2007

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

-HEAD-
                          CHAPTER 46 - FORFEITURE                      

-MISC1-
    Sec.                                                     
    981.        Civil forfeiture.                                     
    982.        Criminal forfeiture.                                  
    983.        General rules for civil forfeiture proceedings.       
    984.        Civil forfeiture of fungible property.                
    985.        Civil forfeiture of real property.                    
    986.        Subpoenas for bank records.                           
    987.        Anti-terrorist forfeiture protection.                 

                                AMENDMENTS                            
      2006 - Pub. L. 109-177, title IV, Sec. 406(b)(1)(A), Mar. 9,
    2006, 120 Stat. 244, added item 987.
      2000 - Pub. L. 106-185, Secs. 2(b), 7(b), Apr. 25, 2000, 114
    Stat. 210, 215, added items 983 and 985.
      1992 - Pub. L. 102-550, title XV, Secs. 1522(b), 1523(b), Oct.
    28, 1992, 106 Stat. 4063, 4064, added items 984 and 986.
      1988 - Pub. L. 100-690, title VII, Sec. 7069, Nov. 18, 1988, 102
    Stat. 4405, substituted "forfeiture" for "Forfeiture" in items 981
    and 982.

-End-

-CITE-
    18 USC Sec. 981                                             01/03/2007

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

-HEAD-
    Sec. 981. Civil forfeiture

-STATUTE-
      (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 trafficking in nuclear, chemical, biological, or
        radiological weapons technology or material, or 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 any (!1) Federal crime of
        terrorism (as defined in section 2332b(g)(5)) 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 any Federal crime of terrorism (as defined in
        section 2332b(g)(5) (!2) against the United States, citizens or
        residents of the United States, or their property;

          (iii) derived from, involved in, or used or intended to be
        used to commit any Federal crime of terrorism (as defined in
        section 2332b(g)(5)) against the United States, citizens or
        residents of the United States, or their property; or
          (iv) of any individual, entity, or organization engaged in
        planning or perpetrating any act of international terrorism (as
        defined in section 2331) against any international organization
        (as defined in section 209 of the State Department Basic
        Authorities Act of 1956 (22 U.S.C. 4309(b)) or against any
        foreign Government.(!3) Where the property sought for
        forfeiture is located beyond the territorial boundaries of the
        United States, an act in furtherance of such planning or
        perpetration must have occurred within the jurisdiction of the
        United States.

        (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 (!3) 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).

    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) (!4) of the Foreign Assistance Act
      of 1961.

    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
        financial institution (as defined in section 984(c)(2)(A) of
        this title), and that foreign financial institution (as defined
        in section 984(c)(2)(A) of this title) 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 financial institution (as defined in
        section 984(c)(2)(A) of this title), 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 financial
        institution (as defined in section 984(c)(2)(A) of this title)
        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 financial institution (as defined in section 984(c)(2)(A)
      of this title), 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 financial institution (as defined
      in section 984(c)(2)(A) of this title) 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 financial institution (as
            defined in section 984(c)(2)(A) of this title) at the time
            such funds were deposited; and
              (II) does not include either the foreign financial
            institution (as defined in section 984(c)(2)(A) of this
            title) or any financial institution acting as an
            intermediary in the transfer of the funds into the
            interbank account.

            (ii) Exception. - The foreign financial institution (as
          defined in section 984(c)(2)(A) of this title) 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 financial institution (as defined
            in section 984(c)(2)(A) of this title); or
              (II) the foreign financial institution (as defined in
            section 984(c)(2)(A) of this title) establishes, by a
            preponderance of the evidence, that prior to the restraint,
            seizure, or arrest of the funds, the foreign financial
            institution (as defined in section 984(c)(2)(A) of this
            title) had discharged all or part of its obligation to the
            prior owner of the funds, in which case the foreign
            financial institution (as defined in section 984(c)(2)(A)
            of this title) shall be deemed the owner of the funds to
            the extent of such discharged obligation.

-SOURCE-
    (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; Pub. L. 109-177, title I, Secs. 111, 120,
    title IV, Secs. 404, 406(a)(3), Mar. 9, 2006, 120 Stat. 209, 221,
    244.)

-REFTEXT-
                            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.
      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.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(B)(i). Pub. L. 109-177, Sec. 111, inserted
    "trafficking in nuclear, chemical, biological, or radiological
    weapons technology or material, or" after "involves".
      Subsec. (a)(1)(G)(i). Pub. L. 109-177, Sec. 120(1), which
    directed amendment of cl. (i) by substituting "any Federal crime of
    terrorism (as defined in section 2332b(g)(5))" for "act of
    international or domestic terrorism (as defined in section 2331)",
    was executed by making the substitution for "act of domestic or
    international terrorism (as defined in section 2331)", to reflect
    the probable intent of Congress.
      Subsec. (a)(1)(G)(ii). Pub. L. 109-177, Sec. 120(2), which
    directed amendment of cl. (ii) by "striking 'an act of
    international or domestic terrorism (as defined in section 2331)'
    with 'any Federal crime of terrorism (as defined in section
    2332b(g)(5)' ", was executed by striking "an act of domestic or
    international terrorism (as defined in section 2331)" and inserting
    "any Federal crime of terrorism (as defined in section
    2332b(g)(5)", to reflect the probable intent of Congress.
      Subsec. (a)(i)(G)(iii). Pub. L. 109-177, Sec. 120(3), which
    directed amendment of cl. (iii) by substituting "Federal crime of
    terrorism (as defined in section 2332b(g)(5))" for "act of
    international or domestic terrorism (as defined in section 2331)",
    was executed by making the substitution for "act of domestic or
    international terrorism (as defined in section 2331)", to reflect
    the probable intent of Congress.
      Subsec. (a)(1)(G)(iv). Pub. L. 109-177, Sec. 404, added cl. (iv).
      Subsec. (k). Pub. L. 109-177, Sec. 406(a)(3), substituted
    "foreign financial institution (as defined in section 984(c)(2)(A)
    of this title)" for "foreign bank" wherever appearing.
      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.

                     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 Amendment note above] or
    any amendment made by this Act [see Short Title of 1986 Amendment
    note set out under section 801 of Title 21, Food and Drugs], or the
    application thereof to any person or circumstances is held invalid,
    the provisions of every other part, and their application, shall
    not be affected thereby."

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. A second closing parenthesis probably
         should appear.

    (!3) So in original. Probably should not be capitalized.

    (!4) See References in Text below.

-End-

-CITE-
    18 USC Sec. 982                                             01/03/2007

-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
    554, 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.)

-REFTEXT-
                            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.

-MISC1-
                                AMENDMENTS                            
      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.

-End-

-CITE-
    18 USC Sec. 983                                             01/03/2007

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

-HEAD-
    Sec. 983. General rules for civil forfeiture proceedings

-STATUTE-
      (a) Notice; Claim; Complaint. - 
        (1)(A)(i) Except as provided in clauses (ii) through (v), in
      any nonjudicial civil forfeiture proceeding under a civil
      forfeiture statute, with respect to which the Government is
      required to send written notice to interested parties, such
      notice shall be sent in a manner to achieve proper notice as soon
      as practicable, and in no case more than 60 days after the date
      of the seizure.
        (ii) No notice is required if, before the 60-day period
      expires, the Government files a civil judicial forfeiture action
      against the property and provides notice of that action as
      required by law.
        (iii) If, before the 60-day period expires, the Government does
      not file a civil judicial forfeiture action, but does obtain a
      criminal indictment containing an allegation that the property is
      subject to forfeiture, the Government shall either - 
          (I) send notice within the 60 days and continue the
        nonjudicial civil forfeiture proceeding under this section; or
          (II) terminate the nonjudicial civil forfeiture proceeding,
        and take the steps necessary to preserve its right to maintain
        custody of the property as provided in the applicable criminal
        forfeiture statute.

        (iv) In a case in which the property is seized by a State or
      local law enforcement agency and turned over to a Federal law
      enforcement agency for the purpose of forfeiture under Federal
      law, notice shall be sent not more than 90 days after the date of
      seizure by the State or local law enforcement agency.
        (v) If the identity or interest of a party is not determined
      until after the seizure or turnover but is determined before a
      declaration of forfeiture is entered, notice shall be sent to
      such interested party not later than 60 days after the
      determination by the Government of the identity of the party or
      the party's interest.
        (B) A supervisory official in the headquarters office of the
      seizing agency may extend the period for sending notice under
      subparagraph (A) for a period not to exceed 30 days (which period
      may not be further extended except by a court), if the official
      determines that the conditions in subparagraph (D) are present.
        (C) Upon motion by the Government, a court may extend the
      period for sending notice under subparagraph (A) for a period not
      to exceed 60 days, which period may be further extended by the
      court for 60-day periods, as necessary, if the court determines,
      based on a written certification of a supervisory official in the
      headquarters office of the seizing agency, that the conditions in
      subparagraph (D) are present.
        (D) The period for sending notice under this paragraph may be
      extended only if there is reason to believe that notice may have
      an adverse result, including - 
          (i) endangering the life or physical safety of an individual;
          (ii) flight from prosecution;
          (iii) destruction of or tampering with evidence;
          (iv) intimidation of potential witnesses; or
          (v) otherwise seriously jeopardizing an investigation or
        unduly delaying a trial.

        (E) Each of the Federal seizing agencies conducting nonjudicial
      forfeitures under this section shall report periodically to the
      Committees on the Judiciary of the House of Representatives and
      the Senate the number of occasions when an extension of time is
      granted under subparagraph (B).
        (F) If the Government does not send notice of a seizure of
      property in accordance with subparagraph (A) to the person from
      whom the property was seized, and no extension of time is
      granted, the Government shall return the property to that person
      without prejudice to the right of the Government to commence a
      forfeiture proceeding at a later time. The Government shall not
      be required to return contraband or other property that the
      person from whom the property was seized may not legally possess.
        (2)(A) Any person claiming property seized in a nonjudicial
      civil forfeiture proceeding under a civil forfeiture statute may
      file a claim with the appropriate official after the seizure.
        (B) A claim under subparagraph (A) may be filed not later than
      the deadline set forth in a personal notice letter (which
      deadline may be not earlier than 35 days after the date the
      letter is mailed), except that if that letter is not received,
      then a claim may be filed not later than 30 days after the date
      of final publication of notice of seizure.
        (C) A claim shall - 
          (i) identify the specific property being claimed;
          (ii) state the claimant's interest in such property; and
          (iii) be made under oath, subject to penalty of perjury.

        (D) A claim need not be made in any particular form. Each
      Federal agency conducting nonjudicial forfeitures under this
      section shall make claim forms generally available on request,
      which forms shall be written in easily understandable language.
        (E) Any person may make a claim under subparagraph (A) without
      posting bond with respect to the property which is the subject of
      the claim.
        (3)(A) Not later than 90 days after a claim has been filed, the
      Government shall file a complaint for forfeiture in the manner
      set forth in the Supplemental Rules for Certain Admiralty and
      Maritime Claims or return the property pending the filing of a
      complaint, except that a court in the district in which the
      complaint will be filed may extend the period for filing a
      complaint for good cause shown or upon agreement of the parties.
        (B) If the Government does not - 
          (i) file a complaint for forfeiture or return the property,
        in accordance with subparagraph (A); or
          (ii) before the time for filing a complaint has expired - 
            (I) obtain a criminal indictment containing an allegation
          that the property is subject to forfeiture; and
            (II) take the steps necessary to preserve its right to
          maintain custody of the property as provided in the
          applicable criminal forfeiture statute,

      the Government shall promptly release the property pursuant to
      regulations promulgated by the Attorney General, and may not take
      any further action to effect the civil forfeiture of such
      property in connection with the underlying offense.
        (C) In lieu of, or in addition to, filing a civil forfeiture
      complaint, the Government may include a forfeiture allegation in
      a criminal indictment. If criminal forfeiture is the only
      forfeiture proceeding commenced by the Government, the
      Government's right to continued possession of the property shall
      be governed by the applicable criminal forfeiture statute.
        (D) No complaint may be dismissed on the ground that the
      Government did not have adequate evidence at the time the
      complaint was filed to establish the forfeitability of the
      property.
        (4)(A) In any case in which the Government files in the
      appropriate United States district court a complaint for
      forfeiture of property, any person claiming an interest in the
      seized property may file a claim asserting such person's interest
      in the property in the manner set forth in the Supplemental Rules
      for Certain Admiralty and Maritime Claims, except that such claim
      may be filed not later than 30 days after the date of service of
      the Government's complaint or, as applicable, not later than 30
      days after the date of final publication of notice of the filing
      of the complaint.
        (B) A person asserting an interest in seized property, in
      accordance with subparagraph (A), shall file an answer to the
      Government's complaint for forfeiture not later than 20 days
      after the date of the filing of the claim.

      (b) Representation. - 
        (1)(A) If a person with standing to contest the forfeiture of
      property in a judicial civil forfeiture proceeding under a civil
      forfeiture statute is financially unable to obtain representation
      by counsel, and the person is represented by counsel appointed
      under section 3006A of this title in connection with a related
      criminal case, the court may authorize counsel to represent that
      person with respect to the claim.
        (B) In determining whether to authorize counsel to represent a
      person under subparagraph (A), the court shall take into account
      such factors as - 
          (i) the person's standing to contest the forfeiture; and
          (ii) whether the claim appears to be made in good faith.

        (2)(A) If a person with standing to contest the forfeiture of
      property in a judicial civil forfeiture proceeding under a civil
      forfeiture statute is financially unable to obtain representation
      by counsel, and the property subject to forfeiture is real
      property that is being used by the person as a primary residence,
      the court, at the request of the person, shall insure that the
      person is represented by an attorney for the Legal Services
      Corporation with respect to the claim.
        (B)(i) At appropriate times during a representation under
      subparagraph (A), the Legal Services Corporation shall submit a
      statement of reasonable attorney fees and costs to the court.
        (ii) The court shall enter a judgment in favor of the Legal
      Services Corporation for reasonable attorney fees and costs
      submitted pursuant to clause (i) and treat such judgment as
      payable under section 2465 of title 28, United States Code,
      regardless of the outcome of the case.
        (3) The court shall set the compensation for representation
      under this subsection, which shall be equivalent to that provided
      for court-appointed representation under section 3006A of this
      title.

      (c) Burden of Proof. - In a suit or action brought under any
    civil forfeiture statute for the civil forfeiture of any property -
    
        (1) the burden of proof is on the Government to establish, by a
      preponderance of the evidence, that the property is subject to
      forfeiture;
        (2) the Government may use evidence gathered after the filing
      of a complaint for forfeiture to establish, by a preponderance of
      the evidence, that property is subject to forfeiture; and
        (3) if the Government's theory of forfeiture is that the
      property was used to commit or facilitate the commission of a
      criminal offense, or was involved in the commission of a criminal
      offense, the Government shall establish that there was a
      substantial connection between the property and the offense.

      (d) Innocent Owner Defense. - 
        (1) An innocent owner's interest in property shall not be
      forfeited under any civil forfeiture statute. The claimant shall
      have the burden of proving that the claimant is an innocent owner
      by a preponderance of the evidence.
        (2)(A) With respect to a property interest in existence at the
      time the illegal conduct giving rise to forfeiture took place,
      the term "innocent owner" means an owner who - 
          (i) did not know of the conduct giving rise to forfeiture; or
          (ii) upon learning of the conduct giving rise to the
        forfeiture, did all that reasonably could be expected under the
        circumstances to terminate such use of the property.

        (B)(i) For the purposes of this paragraph, ways in which a
      person may show that such person did all that reasonably could be
      expected may include demonstrating that such person, to the
      extent permitted by law - 
          (I) gave timely notice to an appropriate law enforcement
        agency of information that led the person to know the conduct
        giving rise to a forfeiture would occur or has occurred; and
          (II) in a timely fashion revoked or made a good faith attempt
        to revoke permission for those engaging in such conduct to use
        the property or took reasonable actions in consultation with a
        law enforcement agency to discourage or prevent the illegal use
        of the property.

        (ii) A person is not required by this subparagraph to take
      steps that the person reasonably believes would be likely to
      subject any person (other than the person whose conduct gave rise
      to the forfeiture) to physical danger.
        (3)(A) With respect to a property interest acquired after the
      conduct giving rise to the forfeiture has taken place, the term
      "innocent owner" means a person who, at the time that person
      acquired the interest in the property - 
          (i) was a bona fide purchaser or seller for value (including
        a purchaser or seller of goods or services for value); and
          (ii) did not know and was reasonably without cause to believe
        that the property was subject to forfeiture.

        (B) An otherwise valid claim under subparagraph (A) shall not
      be denied on the ground that the claimant gave nothing of value
      in exchange for the property if - 
          (i) the property is the primary residence of the claimant;
          (ii) depriving the claimant of the property would deprive the
        claimant of the means to maintain reasonable shelter in the
        community for the claimant and all dependents residing with the
        claimant;
          (iii) the property is not, and is not traceable to, the
        proceeds of any criminal offense; and
          (iv) the claimant acquired his or her interest in the
        property through marriage, divorce, or legal separation, or the
        claimant was the spouse or legal dependent of a person whose
        death resulted in the transfer of the property to the claimant
        through inheritance or probate,

      except that the court shall limit the value of any real property
      interest for which innocent ownership is recognized under this
      subparagraph to the value necessary to maintain reasonable
      shelter in the community for such claimant and all dependents
      residing with the claimant.
        (4) Notwithstanding any provision of this subsection, no person
      may assert an ownership interest under this subsection in
      contraband or other property that it is illegal to possess.
        (5) If the court determines, in accordance with this section,
      that an innocent owner has a partial interest in property
      otherwise subject to forfeiture, or a joint tenancy or tenancy by
      the entirety in such property, the court may enter an appropriate
      order - 
          (A) severing the property;
          (B) transferring the property to the Government with a
        provision that the Government compensate the innocent owner to
        the extent of his or her ownership interest once a final order
        of forfeiture has been entered and the property has been
        reduced to liquid assets; or
          (C) permitting the innocent owner to retain the property
        subject to a lien in favor of the Government to the extent of
        the forfeitable interest in the property.

        (6) In this subsection, the term "owner" - 
          (A) means a person with an ownership interest in the specific
        property sought to be forfeited, including a leasehold, lien,
        mortgage, recorded security interest, or valid assignment of an
        ownership interest; and
          (B) does not include - 
            (i) a person with only a general unsecured interest in, or
          claim against, the property or estate of another;
            (ii) a bailee unless the bailor is identified and the
          bailee shows a colorable legitimate interest in the property
          seized; or
            (iii) a nominee who exercises no dominion or control over
          the property.

      (e) Motion To Set Aside Forfeiture. - 
        (1) Any person entitled to written notice in any nonjudicial
      civil forfeiture proceeding under a civil forfeiture statute who
      does not receive such notice may file a motion to set aside a
      declaration of forfeiture with respect to that person's interest
      in the property, which motion shall be granted if - 
          (A) the Government knew, or reasonably should have known, of
        the moving party's interest and failed to take reasonable steps
        to provide such party with notice; and
          (B) the moving party did not know or have reason to know of
        the seizure within sufficient time to file a timely claim.

        (2)(A) Notwithstanding the expiration of any applicable statute
      of limitations, if the court grants a motion under paragraph (1),
      the court shall set aside the declaration of forfeiture as to the
      interest of the moving party without prejudice to the right of
      the Government to commence a subsequent forfeiture proceeding as
      to the interest of the moving party.
        (B) Any proceeding described in subparagraph (A) shall be
      commenced - 
          (i) if nonjudicial, within 60 days of the entry of the order
        granting the motion; or
          (ii) if judicial, within 6 months of the entry of the order
        granting the motion.

        (3) A motion under paragraph (1) may be filed not later than 5
      years after the date of final publication of notice of seizure of
      the property.
        (4) If, at the time a motion made under paragraph (1) is
      granted, the forfeited property has been disposed of by the
      Government in accordance with law, the Government may institute
      proceedings against a substitute sum of money equal to the value
      of the moving party's interest in the property at the time the
      property was disposed of.
        (5) A motion filed under this subsection shall be the exclusive
      remedy for seeking to set aside a declaration of forfeiture under
      a civil forfeiture statute.

      (f) Release Of Seized Property. - 
        (1) A claimant under subsection (a) is entitled to immediate
      release of seized property if - 
          (A) the claimant has a possessory interest in the property;
          (B) the claimant has sufficient ties to the community to
        provide assurance that the property will be available at the
        time of the trial;
          (C) the continued possession by the Government pending the
        final disposition of forfeiture proceedings will cause
        substantial hardship to the claimant, such as preventing the
        functioning of a business, preventing an individual from
        working, or leaving an individual homeless;
          (D) the claimant's likely hardship from the continued
        possession by the Government of the seized property outweighs
        the risk that the property will be destroyed, damaged, lost,
        concealed, or transferred if it is returned to the claimant
        during the pendency of the proceeding; and
          (E) none of the conditions set forth in paragraph (8)
        applies.

        (2) A claimant seeking release of property under this
      subsection must request possession of the property from the
      appropriate official, and the request must set forth the basis on
      which the requirements of paragraph (1) are met.
        (3)(A) If not later than 15 days after the date of a request
      under paragraph (2) the property has not been released, the
      claimant may file a petition in the district court in which the
      complaint has been filed or, if no complaint has been 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.
        (B) The petition described in subparagraph (A) shall set forth -
       
          (i) the basis on which the requirements of paragraph (1) are
        met; and
          (ii) the steps the claimant has taken to secure release of
        the property from the appropriate official.

        (4) If the Government establishes that the claimant's claim is
      frivolous, the court shall deny the petition. In responding to a
      petition under this subsection on other grounds, 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.
        (5) The court shall render a decision on a petition filed under
      paragraph (3) not later than 30 days after the date of the
      filing, unless such 30-day limitation is extended by consent of
      the parties or by the court for good cause shown.
        (6) If - 
          (A) a petition is filed under paragraph (3); and
          (B) the claimant demonstrates that the requirements of
        paragraph (1) have been met,

      the district court shall order that the property be returned to
      the claimant, pending completion of proceedings by the Government
      to obtain forfeiture of the property.
        (7) If the court grants a petition under paragraph (3) - 
          (A) the court may enter any order necessary to ensure that
        the value of the property is maintained while the forfeiture
        action is pending, including - 
            (i) permitting the inspection, photographing, and inventory
          of the property;
            (ii) fixing a bond in accordance with rule E(5) of the
          Supplemental Rules for Certain Admiralty and Maritime Claims;
          and
            (iii) requiring the claimant to obtain or maintain
          insurance on the subject property; and

          (B) the Government may place a lien against the property or
        file a lis pendens to ensure that the property is not
        transferred to another person.

        (8) This subsection shall not apply if the seized property - 
          (A) is contraband, currency, or other monetary instrument, or
        electronic funds unless such currency or other monetary
        instrument or electronic funds constitutes the assets of a
        legitimate business which has been seized;
          (B) is to be used as evidence of a violation of the law;
          (C) by reason of design or other characteristic, is
        particularly suited for use in illegal activities; or
          (D) is likely to be used to commit additional criminal acts
        if returned to the claimant.

      (g) Proportionality. - 
        (1) The claimant under subsection (a)(4) may petition the court
      to determine whether the forfeiture was constitutionally
      excessive.
        (2) In making this determination, the court shall compare the
      forfeiture to the gravity of the offense giving rise to the
      forfeiture.
        (3) The claimant shall have the burden of establishing that the
      forfeiture is grossly disproportional by a preponderance of the
      evidence at a hearing conducted by the court without a jury.
        (4) If the court finds that the forfeiture is grossly
      disproportional to the offense it shall reduce or eliminate the
      forfeiture as necessary to avoid a violation of the Excessive
      Fines Clause of the Eighth Amendment of the Constitution.

      (h) Civil Fine. - 
        (1) In any civil forfeiture proceeding under a civil forfeiture
      statute in which the Government prevails, if the court finds that
      the claimant's assertion of an interest in the property was
      frivolous, the court may impose a civil fine on the claimant of
      an amount equal to 10 percent of the value of the forfeited
      property, but in no event shall the fine be less than $250 or
      greater than $5,000.
        (2) Any civil fine imposed under this subsection shall not
      preclude the court from imposing sanctions under rule 11 of the
      Federal Rules of Civil Procedure.
        (3) In addition to the limitations of section 1915 of title 28,
      United States Code, in no event shall a prisoner file a claim
      under a civil forfeiture statute or appeal a judgment in a civil
      action or proceeding based on a civil forfeiture statute if the
      prisoner has, on three or more prior occasions, while
      incarcerated or detained in any facility, brought an action or
      appeal in a court of the United States that was dismissed on the
      grounds that it is frivolous or malicious, unless the prisoner
      shows extraordinary and exceptional circumstances.

      (i) Civil Forfeiture Statute Defined. - In this section, the term
    "civil forfeiture statute" - 
        (1) means any provision of Federal law providing for the
      forfeiture of property other than as a sentence imposed upon
      conviction of a criminal offense; and
        (2) does not include - 
          (A) the Tariff Act of 1930 or any other provision of law
        codified in title 19;
          (B) the Internal Revenue Code of 1986;
          (C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
        et seq.);
          (D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.)
        or the International Emergency Economic Powers Act (IEEPA) (50
        U.S.C. 1701 et seq.); or
          (E) section 1 of title VI of the Act of June 15, 1917 (40
        Stat. 233; 22 U.S.C. 401).

      (j) Restraining Orders; Protective Orders. - 
        (1) Upon application of the United States, the court may enter
      a restraining order or injunction, require the execution of
      satisfactory performance bonds, create receiverships, appoint
      conservators, custodians, appraisers, accountants, or trustees,
      or take any other action to seize, secure, maintain, or preserve
      the availability of property subject to civil forfeiture - 
          (A) upon the filing of a civil forfeiture complaint alleging
        that the property with respect to which the order is sought is
        subject to civil forfeiture; or
          (B) prior to the filing of such a complaint, if, after notice
        to persons appearing to have an interest in the property and
        opportunity for a hearing, the court determines that - 
            (i) there is a substantial probability that the United
          States will prevail on the issue of forfeiture and that
          failure to enter the order will result in the property being
          destroyed, removed from the jurisdiction of the court, or
          otherwise made unavailable for forfeiture; and
            (ii) the need to preserve the availability of the property
          through the entry of the requested order outweighs the
          hardship on any party against whom the order is to be
          entered.

        (2) An order entered pursuant to paragraph (1)(B) shall be
      effective for not more than 90 days, unless extended by the court
      for good cause shown, or unless a complaint described in
      paragraph (1)(A) has been filed.
        (3) A temporary restraining order under this subsection may be
      entered upon application of the United States without notice or
      opportunity for a hearing when a complaint has not yet been filed
      with respect to the property, if the United States demonstrates
      that there is probable cause to believe that the property with
      respect to which the order is sought is subject to civil
      forfeiture and that provision of notice will jeopardize the
      availability of the property for forfeiture. Such a temporary
      order shall expire not more than 10 days after the date on which
      it is entered, unless extended for good cause shown or unless the
      party against whom it is entered consents to an extension for a
      longer period. A hearing requested concerning an order entered
      under this paragraph shall be held at the earliest possible time
      and prior to the expiration of the temporary order.
        (4) The court may receive and consider, at a hearing held
      pursuant to this subsection, evidence and information that would
      be inadmissible under the Federal Rules of Evidence.

-SOURCE-
    (Added and amended Pub. L. 106-185, Secs. 2(a), 9, Apr. 25, 2000,
    114 Stat. 202, 216; Pub. L. 106-561, Sec. 3(a), Dec. 21, 2000, 114
    Stat. 2791; Pub. L. 107-56, title III, Sec. 316(d), Oct. 26, 2001,
    115 Stat. 310.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Supplemental Rules for Certain Admiralty and Maritime Claims,
    referred to in subsecs. (a)(3)(A), (4)(A) and (f)(7)(A)(ii), 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.
    (h)(2), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      The Tariff Act of 1930, referred to in subsec. (i)(2)(A), is act
    June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is
    classified generally to chapter 4 (Sec. 1202 et seq.) of Title 19,
    Customs Duties. For complete classification of this Act to the
    Code, see section 1654 of Title 19 and Tables.
      The Internal Revenue Code of 1986, referred to in subsec.
    (i)(2)(B), is classified generally to Title 26, Internal Revenue
    Code.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (i)(2)(C), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of Title 21, Food and Drugs. For complete classification of
    this Act to the Code, see section 301 of Title 21 and Tables.
      The Trading with the Enemy Act, referred to in subsec. (i)(2)(D),
    is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is
    classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,
    Appendix, War and National Defense. For complete classification of
    this Act to the Code, see Tables.
      The International Emergency Economic Powers Act, referred to in
    (i)(2)(D), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
    1626, as amended, which is classified generally to chapter 35 (Sec.
    1701 et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 50 and Tables.
      The Federal Rules of Evidence, referred to in subsec. (j)(4), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (i)(2)(D). Pub. L. 107-56 inserted "or the
    International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701
    et seq.)" before semicolon.
      2000 - Subsec. (a)(2)(C)(ii). Pub. L. 106-561 struck out "(and
    provide customary documentary evidence of such interest if
    available) and state that the claim is not frivolous" after "such
    property".
      Subsec. (j). Pub. L. 106-185, Sec. 9, added subsec. (j).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-561, Sec. 3(b), Dec. 21, 2000, 114 Stat. 2791,
    provided that: "The amendment made by this section [amending this
    section] shall take effect as if included in the amendment made by
    section 2(a) of Public Law 106-185."

                              EFFECTIVE DATE                          
      Section 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 an Effective Date of 2000 Amendment
    note under section 1324 of Title 8, Aliens and Nationality.

                   ANTI-TERRORIST FORFEITURE PROTECTION               
      Pub. L. 107-56, title III, Sec. 316(a)-(c), Oct. 26, 2001, 115
    Stat. 309, which provided the procedure for an owner of property
    that had been confiscated under any provision of law relating to
    the confiscation of assets of suspected international terrorists to
    contest such confiscation, was repealed and restated as section 987
    of this title by Pub. L. 109-177, title IV, Sec. 406(b)(1)(B), (2),
    Mar. 9, 2006, 120 Stat. 244, 245.

-End-

-CITE-
    18 USC Sec. 984                                             01/03/2007

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

-HEAD-
    Sec. 984. Civil forfeiture of fungible property

-STATUTE-
      (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

        (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.

-SOURCE-
    (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.)

-REFTEXT-
                            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.

-MISC1-
                                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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    18 USC Sec. 985                                             01/03/2007

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

-HEAD-
    Sec. 985. Civil forfeiture of real property

-STATUTE-
      (a) Notwithstanding any other provision of law, all civil
    forfeitures of real property and interests in real property shall
    proceed as judicial forfeitures.
      (b)(1) Except as provided in this section - 
        (A) real property that is the subject of a civil forfeiture
      action shall not be seized before entry of an order of
      forfeiture; and
        (B) the owners or occupants of the real property shall not be
      evicted from, or otherwise deprived of the use and enjoyment of,
      real property that is the subject of a pending forfeiture action.

      (2) The filing of a lis pendens and the execution of a writ of
    entry for the purpose of conducting an inspection and inventory of
    the property shall not be considered a seizure under this
    subsection.
      (c)(1) The Government shall initiate a civil forfeiture action
    against real property by - 
        (A) filing a complaint for forfeiture;
        (B) posting a notice of the complaint on the property; and
        (C) serving notice on the property owner, along with a copy of
      the complaint.

      (2) If the property owner cannot be served with the notice under
    paragraph (1) because the owner - 
        (A) is a fugitive;
        (B) resides outside the United States and efforts at service
      pursuant to rule 4 of the Federal Rules of Civil Procedure are
      unavailing; or
        (C) cannot be located despite the exercise of due diligence,

    constructive service may be made in accordance with the laws of the
    State in which the property is located.
      (3) If real property has been posted in accordance with this
    subsection, it shall not be necessary for the court to issue an
    arrest warrant in rem, or to take any other action to establish in
    rem jurisdiction over the property.
      (d)(1) Real property may be seized prior to the entry of an order
    of forfeiture if - 
        (A) the Government notifies the court that it intends to seize
      the property before trial; and
        (B) the court - 
          (i) issues a notice of application for warrant, causes the
        notice to be served on the property owner and posted on the
        property, and conducts a hearing in which the property owner
        has a meaningful opportunity to be heard; or
          (ii) makes an ex parte determination that there is probable
        cause for the forfeiture and that there are exigent
        circumstances that permit the Government to seize the property
        without prior notice and an opportunity for the property owner
        to be heard.

      (2) For purposes of paragraph (1)(B)(ii), to establish exigent
    circumstances, the Government shall show that less restrictive
    measures such as a lis pendens, restraining order, or bond would
    not suffice to protect the Government's interests in preventing the
    sale, destruction, or continued unlawful use of the real property.
      (e) If the court authorizes a seizure of real property under
    subsection (d)(1)(B)(ii), it shall conduct a prompt post-seizure
    hearing during which the property owner shall have an opportunity
    to contest the basis for the seizure.
      (f) This section - 
        (1) applies only to civil forfeitures of real property and
      interests in real property;
        (2) does not apply to forfeitures of the proceeds of the sale
      of such property or interests, or of money or other assets
      intended to be used to acquire such property or interests; and
        (3) shall not affect the authority of the court to enter a
      restraining order relating to real property.

-SOURCE-
    (Added Pub. L. 106-185, Sec. 7(a), Apr. 25, 2000, 114 Stat. 214.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec.
    (c)(2)(B), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.

-MISC1-
                              EFFECTIVE DATE                          
      Section 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 an Effective Date of 2000 Amendment
    note under section 1324 of Title 8, Aliens and Nationality.

-End-

-CITE-
    18 USC Sec. 986                                             01/03/2007

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

-HEAD-
    Sec. 986. Subpoenas for bank records

-STATUTE-
      (a) At any time after the commencement of any action for
    forfeiture in rem brought by the United States under section 1956,
    1957, or 1960 of this title, section 5322 or 5324 of title 31,
    United States Code, or the Controlled Substances Act, any party may
    request the Clerk of the Court in the district in which the
    proceeding is pending to issue a subpoena duces tecum to any
    financial institution, as defined in section 5312(a) of title 31,
    United States Code, to produce books, records and any other
    documents at any place designated by the requesting party. All
    parties to the proceeding shall be notified of the issuance of any
    such subpoena. The procedures and limitations set forth in section
    985 (!1) of this title shall apply to subpoenas issued under this
    section.

      (b) Service of a subpoena issued pursuant to this section shall
    be by certified mail. Records produced in response to such a
    subpoena may be produced in person or by mail, common carrier, or
    such other method as may be agreed upon by the party requesting the
    subpoena and the custodian of records. The party requesting the
    subpoena may require the custodian of records to submit an
    affidavit certifying the authenticity and completeness of the
    records and explaining the omission of any record called for in the
    subpoena.
      (c) Nothing in this section shall preclude any party from
    pursuing any form of discovery pursuant to the Federal Rules of
    Civil Procedure.
      (d) Access to Records in Bank Secrecy Jurisdictions. - 
        (1) In general. - In any civil forfeiture case, or in any
      ancillary proceeding in any criminal forfeiture case governed by
      section 413(n) of the Controlled Substances Act (21 U.S.C.
      853(n)), in which - 
          (A) financial records located in a foreign country may be
        material - 
            (i) to any claim or to the ability of the Government to
          respond to such claim; or
            (ii) in a civil forfeiture case, to the ability of the
          Government to establish the forfeitability of the property;
          and

          (B) it is within the capacity of the claimant to waive the
        claimant's rights under applicable financial secrecy laws, or
        to obtain the records so that such records can be made
        available notwithstanding such secrecy laws,

      the refusal of the claimant to provide the records in response to
      a discovery request or to take the action necessary otherwise to
      make the records available shall be grounds for judicial
      sanctions, up to and including dismissal of the claim with
      prejudice.
        (2) Privilege. - This subsection shall not affect the right of
      the claimant to refuse production on the basis of any privilege
      guaranteed by the Constitution of the United States or any other
      provision of Federal law.

-SOURCE-
    (Added Pub. L. 102-550, title XV, Sec. 1523(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. 17, Apr. 25,
    2000, 114 Stat. 221.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Controlled Substances Act, referred to in subsec. (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.
      Section 985 of this title, referred to in subsec. (a), was
    enacted by Pub. L. 106-185, and relates to civil forfeitures of
    real property and not to procedures and limitations for subpoenas.
    The reference to section 985 was included in this section when it
    was enacted by Pub. L. 102-550, but at that time there was no
    section 985 of this title.
      The Federal Rules of Civil Procedure, referred to in subsec. (c),
    are set out in Title 28, Appendix, Judiciary and Judicial
    Procedure.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-185 added subsec. (d).
      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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    18 USC Sec. 987                                             01/03/2007

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

-HEAD-
    Sec. 987. Anti-terrorist forfeiture protection

-STATUTE-
      (a) Right to Contest. - An owner of property that is confiscated
    under any provision of law relating to the confiscation of assets
    of suspected international terrorists, may contest that
    confiscation by filing a claim in the manner set forth in the
    Federal Rules of Civil Procedure (Supplemental Rules for Certain
    Admiralty and Maritime Claims), and asserting as an affirmative
    defense that - 
        (1) the property is not subject to confiscation under such
      provision of law; or
        (2) the innocent owner provisions of section 983(d) of title
      18, United States Code, apply to the case.

      (b) Evidence. - In considering a claim filed under this section,
    a court may admit evidence that is otherwise inadmissible under the
    Federal Rules of Evidence, if the court determines that the
    evidence is reliable, and that compliance with the Federal Rules of
    Evidence may jeopardize the national security interests of the
    United States.
      (c) Clarifications. - 
        (1) Protection of rights. - The exclusion of certain provisions
      of Federal law from the definition of the term "civil forfeiture
      statute" in section 983(i) of title 18, United States Code, shall
      not be construed to deny an owner of property the right to
      contest the confiscation of assets of suspected international
      terrorists under - 
          (A) subsection (a) of this section;
          (B) the Constitution; or
          (C) subchapter II of chapter 5 of title 5, United States Code
        (commonly known as the "Administrative Procedure Act").

        (2) Savings clause. - Nothing in this section shall limit or
      otherwise affect any other remedies that may be available to an
      owner of property under section 983 of title 18, United States
      Code, or any other provision of law.

-SOURCE-
    (Added Pub. L. 109-177, title IV, Sec. 406(b)(1)(B), Mar. 9, 2006,
    120 Stat. 244.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Civil Procedure, referred to in subsec. (a),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
      The Federal Rules of Evidence, referred to in subsec. (b), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in
    Pub. L. 107-56, title III, Sec. 316(a)-(c), Oct. 26, 2001, 115
    Stat. 309, which was set out as a note under section 983 of this
    title, prior to repeal by Pub. L. 109-177, Sec. 406(b)(2).

-End-