II

106TH CONGRESS

1ST SESSION S. 816

To amend section 3681 of title 18, United States Code, relating to the

special forfeiture of collateral profits of a crime.

IN THE SENATE OF THE UNITED STATES

APRIL 15, 1999

Mr. DORGAN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend section 3681 of title 18, United States Code,

relating to the special forfeiture of collateral profits of

a crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SPECIAL FORFEITURE OF COLLATERAL PROF4 ITS OF CRIME.

5 Section 3681 of title 18, United States Code, is

6 amended by striking subsection (a) and inserting the fol7 lowing:

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) FORFEITURE OF PROCEEDS.—Upon the

10 motion of the United States attorney made at any
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1 time after conviction of a defendant for an offense

2 described in paragraph (2), and after notice to any

3 interested party, the court shall order the defendant

4 to forfeit all or any part of proceeds received or to

5 be received by the defendant, or a transferee of the

6 defendant, from a contract relating to the transfer

7 of a right or interest of the defendant in any prop8 erty described in paragraph (3), if the court deter9 mines that—

10 ‘‘(A) the interests of justice or an order of

11 restitution under this title so require;

12 ‘‘(B) the proceeds (or part thereof) to be

13 forfeited reflect the enhanced value of the prop14 erty attributable to the offense; and

15 ‘‘(C) with respect to a defendant convicted

16 of an offense against a State—

17 ‘‘(i) the property at issue, or the pro18 ceeds to be forfeited, have travelled in

19 interstate or foreign commerce or were de20 rived through the use of an instrumentality

21 of interstate or foreign commerce; and

22 ‘‘(ii) the attorney general of the State

23 has declined to initiate a forfeiture action

24 with respect to the proceeds to be forfeited.
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1 ‘‘(2) OFFENSES DESCRIBED.—An offense is de2 scribed in this paragraph if it is—

3 ‘‘(A) an offense under section 794 of this

4 title;

5 ‘‘(B) a felony offense against the United

6 States or any State; or

7 ‘‘(C) a misdemeanor offense against the

8 United States or any State resulting in physical

9 harm to any individual.

10 ‘‘(3) PROPERTY DESCRIBED.—Property is de11 scribed in this paragraph if it is any property, tan12 gible or intangible, including any—

13 ‘‘(A) evidence of the offense;

14 ‘‘(B) instrument of the offense, including

15 any vehicle used in the commission of the of16 fense;

17 ‘‘(C) real estate where the offense was

18 committed;

19 ‘‘(D) document relating to the offense;

20 ‘‘(E) photograph or audio or video record21 ing relating to the offense;

22 ‘‘(F) clothing, jewelry, furniture, or other

23 personal property relating to the offense;

24 ‘‘(G) movie, book, newspaper, magazine,

25 radio or television production, or live entertain-
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1 ment of any kind depicting the offense or other2 wise relating to the offense;

3 ‘‘(H) expression of the thoughts, opinions,

4 or emotions of the defendant regarding the of5 fense; or

6 ‘‘(I) other property relating to the of7 fense.’’.

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