Title 21 United States Code – Food and Drugs 

Chapter 13 – Drug Abuse Prevention and Control 

Subchapter I – Control and Enforcement 

Part D – Offenses and Penalties 

Section 853 - Criminal Forfeitures 

• (a) Property subject to criminal forfeiture 

Any person convicted of a violation of this subchapter or subchapter II of 

this chapter punishable by imprisonment for more than one year shall 

forfeit to the United States, irrespective of any provision of State law - 

• (1) any property constituting, or derived from, any proceeds 

the person obtained, directly or indirectly, as the result of 

such violation; 

• (2) any of the person's property used, or intended to be used, 

in any manner or part, to commit, or to facilitate the commission 

of, such violation; and 

(3) in the case of a person convicted of engaging in a 

continuing criminal enterprise in violation of section 848 of 

this title, the person shall forfeit, in addition to any property 

described in paragraph (1) or (2), any of his interest in, claims 

against, and property or contractual rights affording a source of 

control over, the continuing criminal enterprise. The court, in 

imposing sentence on such person, shall order, in addition to any 

other sentence imposed pursuant to this subchapter or subchapter 

II of this chapter, that the person forfeit to the United States all 

property described in this subsection. In lieu of a fine otherwise 

authorized by this part, a defendant who derives profits or other 

proceeds from an offense may be fined not more than twice the 

gross profits or other proceeds. 

• (b) Meaning of term ''property'' 

Property subject to criminal forfeiture under this section includes - 

• (1) real property, including things growing on, affixed to, and 

found in land; and 

(2) tangible and intangible personal property, including 

rights, privileges, interests, claims, and securities. 

• (c) Third party transfers 

All right, title, and interest in property described in subsection (a) of this 

section vests in the United States upon the commission of the act giving 

rise to forfeiture under this section. Any such property that is subsequently 

transferred to a person other than the defendant may be the subject of a 

special verdict of forfeiture and thereafter shall be ordered forfeited to the 

United States, unless the transferee establishes in a hearing pursuant to 

subsection (n) of this section that he is a bona fide purchaser for value of 

such property who at the time of purchase was reasonably without cause 

to believe that the property was subject to forfeiture under this section. 
• (d) Rebuttable presumption 

There is a rebuttable presumption at trial that any property of a person 

convicted of a felony under this subchapter or subchapter II of this chapter 

is subject to forfeiture under this section if the United States establishes by 

a preponderance of the evidence that - 

• (1) such property was acquired by such person during the period 

of the violation of this subchapter or subchapter II of this 

chapter or within a reasonable time after such period; and 

(2) there was no likely source for such property other than the 

violation of this subchapter or subchapter II of this chapter. 

• (e) Protective orders 

• (1) Upon application of the United States, the court may enter a 

restraining order or injunction, require the execution of a 

satisfactory performance bond, or take any other action to preserve 

the availability of property described in subsection (a) of this section 

for forfeiture under this section - 

• (A) upon the filing of an indictment or information charging a 

violation of this subchapter or subchapter II of this chapter 

for which criminal forfeiture may be ordered under this 

section and alleging that the property with respect to which 

the order is sought would, in the event of conviction, be 

subject to forfeiture under this section; or 

• (B) prior to the filing of such an indictment or information, 

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: 

• Provided, however, that an order entered pursuant to 

subparagraph (B) shall be effective for not more than 

ninety days, unless extended by the court for good cause 

shown or unless an indictment or information described 

in subparagraph (A) has been filed. 

• (2) A temporary restraining order under this subsection may be 

entered upon application of the United States without notice or 

opportunity for a hearing when an information or indictment 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 would, in the 

event of conviction, be subject to forfeiture under this section and 

that provision of notice will jeopardize the availability of the property 

for forfeiture. Such a temporary order shall expire not more than ten 

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. 

• (3) 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. 

• (4) ORDER TO REPATRIATE AND DEPOSIT- 

• (A) IN GENERAL- Pursuant to its authority to enter a pretrial 

restraining order under this section, the court may order a 

defendant to repatriate any property that may be seized and 

forfeited, and to deposit that property pending trial in the registry 

of the court, or with the United States Marshals Service or the 

Secretary of the Treasury, in an interest-bearing account, if 

appropriate. 

• (B) FAILURE TO COMPLY- Failure to comply with an order 

under this subsection, or an order to repatriate property under 

subsection (p), shall be punishable as a civil or criminal 

contempt of court, and may also result in an enhancement of 

the sentence of the defendant under the obstruction of justice 

provision of the Federal Sentencing Guidelines. 

• (f) Warrant of seizure 

The Government may request the issuance of a warrant authorizing the 

seizure of property subject to forfeiture under this section in the same 

manner as provided for a search warrant. If the court determines that 

there is probable cause to believe that the property to be seized would, in 

the event of conviction, be subject to forfeiture and that an order under 

subsection (e) of this section may not be sufficient to assure the 

availability of the property for forfeiture, the court shall issue a warrant 

authorizing the seizure of such property. 

• (g) Execution 

Upon entry of an order of forfeiture under this section, the court shall 

authorize the Attorney General to seize all property ordered forfeited upon 

such terms and conditions as the court shall deem proper. Following entry 

of an order declaring the property forfeited, the court may, upon 

application of the United States, enter such appropriate restraining orders 

or injunctions, require the execution of satisfactory performance bonds, 

appoint receivers, conservators, appraisers, accountants, or trustees, or 

take any other action to protect the interest of the United States in the 

property ordered forfeited. Any income accruing to or derived from 
property ordered forfeited under this section may be used to offset 

ordinary and necessary expenses to the property which are required by 

law, or which are necessary to protect the interests of the United States or 

third parties. 

• (h) Disposition of property 

Following the seizure of property ordered forfeited under this section, the 

Attorney General shall direct the disposition of the property by sale or any 

other commercially feasible means, making due provision for the rights of 

any innocent persons. Any property right or interest not exercisable by, or 

transferable for value to, the United States shall expire and shall not revert 

to the defendant, nor shall the defendant or any person acting in concert 

with him or on his behalf be eligible to purchase forfeited property at any 

sale held by the United States. Upon application of a person, other than 

the defendant or a person acting in concert with him or on his behalf, the 

court may restrain or stay the sale or disposition of the property pending 

the conclusion of any appeal of the criminal case giving rise to the 

forfeiture, if the applicant demonstrates that proceeding with the sale or 

disposition of the property will result in irreparable injury, harm, or loss to 

him. 

• (i) Authority of the Attorney General 

With respect to property ordered forfeited under this section, the Attorney 

General is authorized to - 

• (1) grant petitions for mitigation or remission of forfeiture, 

restore forfeited property to victims of a violation of this 

subchapter, or take any other action to protect the rights of 

innocent persons which is in the interest of justice and which is 

not inconsistent with the provisions of this section; 

• (2) compromise claims arising under this section; 

• (3) award compensation to persons providing information 

resulting in a forfeiture under this section; 

• (4) direct the disposition by the United States, in accordance 

with the provisions of section 881(e) of this title, of all 

property ordered forfeited under this section by public sale or 

any other commercially feasible means, making due provision for 

the rights of innocent persons; and 

(5) take appropriate measures necessary to safeguard and 

maintain property ordered forfeited under this section pending 

its disposition. 

• (j) Applicability of civil forfeiture provisions 

Except to the extent that they are inconsistent with the provisions of 

this section, the provisions of section 881(d) of this title shall apply to a 

criminal forfeiture under this section. 

• (k) Bar on intervention 

Except as provided in subsection (n) of this section, no party claiming 

an interest in property subject to forfeiture under this section may - 
• (1) intervene in a trial or appeal of a criminal case involving 

the forfeiture of such property under this section; or 

• (2) commence an action at law or equity against the United 

States concerning the validity of his alleged interest in the 

property subsequent to the filing of an indictment or information 

alleging that the property is subject to forfeiture under this 

section. 

• (l) Jurisdiction to enter orders 

The district courts of the United States shall have jurisdiction to enter 

orders as provided in this section without regard to the location of any 

property which may be subject to forfeiture under this section or which 

has been ordered forfeited under this section. 

• (m) Depositions 

In order to facilitate the identification and location of property declared 

forfeited and to facilitate the disposition of petitions for remission or 

mitigation of forfeiture, after the entry of an order declaring property 

forfeited to the United States, the court may, upon application of the 

United States, order that the testimony of any witness relating to the 

property forfeited be taken by deposition and that any designated 

book, paper, document, record, recording, or other material not 

privileged be produced at the same time and place, in the same 

manner as provided for the taking of depositions under Rule 15 of the 

Federal Rules of Criminal Procedure. 

• (n) Third party interests 

• (1) Following the entry of an order of forfeiture under this section, 

the United States shall publish notice of the order and of its intent to 

dispose of the property in such manner as the Attorney General 

may direct. The Government may also, to the extent practicable, 

provide direct written notice to any person known to have alleged 

an interest in the property that is the subject of the order of 

forfeiture as a substitute for published notice as to those persons so 

notified. 

• (2) Any person, other than the defendant, asserting a legal interest 

in property which has been ordered forfeited to the United States 

pursuant to this section may, within thirty days of the final 

publication of notice or his receipt of notice under paragraph (1), 

whichever is earlier, petition the court for a hearing to adjudicate 

the validity of his alleged interest in the property. The hearing shall 

be held before the court alone, without a jury. 

• (3) The petition shall be signed by the petitioner under penalty of 

perjury and shall set forth the nature and extent of the petitioner's 

right, title, or interest in the property, the time and circumstances of 

the petitioner's acquisition of the right, title, or interest in the 

property, any additional facts supporting the petitioner's claim, and 

the relief sought. 
• (4) The hearing on the petition shall, to the extent practicable and 

consistent with the interests of justice, be held within thirty days of 

the filing of the petition. The court may consolidate the hearing on 

the petition with a hearing on any other petition filed by a person 

other than the defendant under this subsection. 

• (5) At the hearing, the petitioner may testify and present evidence 

and witnesses on his own behalf, and cross-examine witnesses 

who appear at the hearing. The United States may present 

evidence and witnesses in rebuttal and in defense of its claim to the 

property and cross-examine witnesses who appear at the hearing. 

In addition to testimony and evidence presented at the hearing, the 

court shall consider the relevant portions of the record of the 

criminal case which resulted in the order of forfeiture. 

• (6) If, after the hearing, the court determines that the petitioner has 

established by a preponderance of the evidence that - 

• (A) the petitioner has a legal right, title, or interest in the 

property, and such right, title, or interest renders the order of 

forfeiture invalid in whole or in part because the right, title, 

or interest was vested in the petitioner rather than the 

defendant or was superior to any right, title, or interest of the 

defendant at the time of the commission of the acts which 

gave 

rise to the forfeiture of the property under this section; or 

• (B) the petitioner is a bona fide purchaser for value of the 

right, title, or interest in the property and was at the time of 

purchase reasonably without cause to believe that the 

property 

was subject to forfeiture under this section; the court shall 

amend the order of forfeiture in accordance with its 

determination. 

• (7) Following the court's disposition of all petitions filed under this 

subsection, or if no such petitions are filed following the expiration 

of the period provided in paragraph (2) for the filing of such 

petitions, the United States shall have clear title to property that is 

the subject of the order of forfeiture and may warrant good title to 

any subsequent purchaser or transferee. 

• (o) Construction 

The provisions of this section shall be liberally construed to effectuate 

its remedial purposes. 

• (p) Forfeiture of substitute property 

 (1) IN GENERAL- Paragraph (2) of this subsection shall apply, if 

any property described in subsection (a), as a result of any act or 

omission of the defendant-- 

 (A) cannot be located upon the exercise of due diligence; 
 (B) has been transferred or sold to, or deposited with, a third 

party; 

 (C) has been placed beyond the jurisdiction of the court; 

 (D) has been substantially diminished in value; or 

 (E) has been commingled with other property which cannot 

be divided without difficulty.

 (2) SUBSTITUTE PROPERTY- In any case described in any of 

subparagraphs (A) through (E) of paragraph (1), the court shall 

order the forfeiture of any other property of the defendant, up to the 

value of any property described in subparagraphs (A) through (E) of 

paragraph (1), as applicable. 

 (3) RETURN OF PROPERTY TO JURISDICTION- In the case of 

property described in paragraph (1)(C), the court may, in addition to 

any other action authorized by this subsection, order the defendant 

to return the property to the jurisdiction of the court so that the 

property may be seized and forfeited. 

 

• (q) Restitution for cleanup of clandestine laboratory sites 

The court, when sentencing a defendant convicted of an offense under 

this subchapter or subchapter II of this chapter involving the 

manufacture of methamphetamine, may - 

• (1) order restitution as provided in sections 3612 and 3664 of 

title 18; 

• (2) order the defendant to reimburse the United States for the 

costs incurred by the United States for the cleanup associated 

with the manufacture of methamphetamine by the defendant; and 

(3) order restitution to any person injured as a result of the 

offense as provided in section 3663 of title 18.