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 18 U.S.C.A. § 982 

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UNITED STATES CODE ANNOTATED 

TITLE 18. CRIMES AND CRIMINAL PROCEDURE 

PART I--CRIMES

CHAPTER 46--FORFEITURE

§ 982. Criminal forfeiture

(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 

1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in 

such offense, or any property traceable to such property.

(2) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate--

(A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this title, affecting a financial 

institution, or

(B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 

844, 1028, 1029, or 1030 of this title,

shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person 

obtained directly or indirectly, as the result of such violation.

(3) The court, in imposing a sentence on a person convicted of an offense under--

(A)section 666(a)(1) (relating to Federal program fraud);

(B)section 1001 (relating to fraud and false statements);

(C)section 1031 (relating to major fraud against the United States);

(D) section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured 

financial institution);

(E) section 1341 (relating to mail fraud); or

(F) section 1343 (relating to wire fraud),

involving the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance 

Corporation, as conservator or receiver for a financial institution or any other conservator for a financial institution 

appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision, or the National 

Credit Union Administration, as conservator or liquidating agent for a financial institution, shall order that the 

person forfeit to the United States any property, real or personal, which represents or is traceable to the gross 

receipts obtained, directly or indirectly, as a result of such violation.
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(4) With respect to an offense listed in subsection (a)(3) committed for the purpose of executing or attempting to 

execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent 

statements, pretenses, representations, or promises, the gross receipts of such an offense shall include any property, 

real or personal, tangible or intangible, which is obtained, directly or indirectly, as a result of such offense.

(5) The court, in imposing sentence on a person convicted of a violation or conspiracy to violate--

(A)section 511 (altering or removing motor vehicle identification numbers);

(B)section 553 (importing or exporting stolen motor vehicles);

(C)section 2119 (armed robbery of automobiles);

(D)section 2312 (transporting stolen motor vehicles in interstate commerce); or

(E) section 2313 (possessing or selling a stolen motor vehicle that has moved in interstate commerce);

shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable 

to the gross proceeds obtained, directly or indirectly, as a result of such violation.

(6)(A) The court, in imposing sentence on a person convicted of a violation of, or conspiracy to violate, section 

274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or section 1425, 1426, 1427, 1541, 1542, 

1543, 1544, or 1546 of this title, or a violation of, or conspiracy to violate, section 1028 of this title if committed in 

connection with passport or visa issuance or use, shall order that the person forfeit to the United States, regardless of 

any provision of State law--

(i) any conveyance, including any vessel, vehicle, or aircraft used in the commission of the offense of which the 

person is convicted; and

(ii) any property real or personal--

(I) that constitutes, or is derived from or is traceable to the proceeds obtained directly or indirectly from the 

commission of the offense of which the person is convicted; or

(II) that is used to facilitate, or is intended to be used to facilitate, the commission of the offense of which the 

person is convicted.

(B) The court, in imposing sentence on a person described in subparagraph (A), shall order that the person forfeit to 

the United States all property described in that subparagraph.

(7) The court, in imposing sentence on a person convicted of a Federal health care offense, shall order the person to 

forfeit property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable 

to the commission of the offense.
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(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 Comp rehensive 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.

Current through P.L. 108-198, approved 12-19-03 

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