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SEC. 12. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT
SEIZURE.
Section 2232 of title 18, United States Code, is amended—
(1) by striking subsections (a) and (b);
(2) by inserting ‘‘(e) FOREIGN
INTELLIGENCE
SURVEIL-
LANCE.—’’ before ‘‘Whoever, having knowledge that a Federal
officer’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting before subsection (d), as redesignated, the
following:
‘‘(a) DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEI-
ZURE.—Whoever, before, during, or after any search for or seizure
of property by any person authorized to make such search or seizure,
knowingly destroys, damages, wastes, disposes of, transfers, or
otherwise takes any action, or knowingly attempts to destroy, dam-
age, waste, dispose of, transfer, or otherwise take any action, for
the purpose of preventing or impairing the Government’s lawful
authority to take such property into its custody or control or to
continue holding such property under its lawful custody and control,
shall be fined under this title or imprisoned not more than 5
years, or both.
‘‘(b) IMPAIRMENT OF IN REM JURISDICTION.—Whoever, knowing
that property is subject to the in rem jurisdiction of a United
States court for purposes of civil forfeiture under Federal law,
knowingly and without authority from that court, destroys, dam-
ages, wastes, disposes of, transfers, or otherwise takes any action,
or knowingly attempts to destroy, damage, waste, dispose of,
transfer, or otherwise take any action, for the purpose of impairing
or defeating the court’s continuing in rem jurisdiction over the
property, shall be fined under this title or imprisoned not more
than 5 years, or both.
‘‘(c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE WARRANT
OR WARRANT OF ARREST IN REM.—Whoever, having knowledge that
any person authorized to make searches and seizures, or to execute
a seizure warrant or warrant of arrest in rem, in order to prevent
the authorized seizing or securing of any person or property, gives
notice or attempts to give notice in advance of the search, seizure,
or execution of a seizure warrant or warrant of arrest in rem,
to any person shall be fined under this title or imprisoned not
more than 5 years, or both.’’.
SEC. 13. FUNGIBLE PROPERTY IN BANK ACCOUNTS.
(a) IN GENERAL.—Section 984 of title 18, United States Code,
is amended—
(1) by striking subsection (a) and redesignating subsections
(b), (c), and (d) as subsections (a), (b), and (c), respectively;
(2) in subsection (a), as redesignated—
(A) by striking ‘‘or other fungible property’’ and
inserting ‘‘or precious metals’’; and
(B) in paragraph (2), by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (b)’’;
(3) in subsection (c), as redesignated—
(A) by striking paragraph (1) and inserting the fol-
lowing: ‘‘(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.’’; and
H. R. 1658—18
(B) in paragraph (2), by striking ‘‘(2) As used in this
section, the term’’ and inserting the following:
‘‘(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))); and
‘‘(B) the term’’; and
(4) by adding at the end the following:
‘‘(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.’’.
SEC. 14. FUGITIVE DISENTITLEMENT.
(a) IN GENERAL.—Chapter 163 of title 28, United States Code,
is amended by adding at the end the following:
‘‘§ 2466. Fugitive disentitlement
‘‘A judicial officer may disallow a person from using the
resources of the courts of the United States in furtherance of
a claim in any related civil forfeiture action or a claim in third
party proceedings in any related criminal forfeiture action upon
a finding that such person—
‘‘(1) after notice or knowledge of the fact that a warrant
or process has been issued for his apprehension, in order to
avoid criminal prosecution—
‘‘(A) purposely leaves the jurisdiction of the United
States;
‘‘(B) declines to enter or reenter the United States
to submit to its jurisdiction; or
‘‘(C) otherwise evades the jurisdiction of the court in
which a criminal case is pending against the person; and
‘‘(2) is not confined or held in custody in any other jurisdic-
tion for commission of criminal conduct in that jurisdiction.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 163
of title 28, United States Code, is amended by adding at the end
the following:
‘‘2466. Fugitive disentitlement.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any case pending on or after the date of the enactment
of this Act.
SEC. 15. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENT.
(a) IN GENERAL.—Chapter 163 of title 28, United States Code,
is amended by adding at the end the following:
‘‘§ 2467. Enforcement of foreign judgment
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘foreign nation’ means a country that has
become a party to the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances
(referred to in this section as the ‘United Nations Convention’)
or a foreign jurisdiction with which the United States has
a treaty or other formal international agreement in effect pro-
viding for mutual forfeiture assistance; and
‘‘(2) the term ‘forfeiture or confiscation judgment’ means
a final order of a foreign nation compelling a person or entity—
H. R. 1658—19
‘‘(A) to pay a sum of money representing the proceeds
of an offense described in Article 3, Paragraph 1, of the
United Nations Convention, or any foreign offense
described in section 1956(c)(7)(B) of title 18, or property
the value of which corresponds to such proceeds; or
‘‘(B) to forfeit property involved in or traceable to the
commission of such offense.
‘‘(b) REVIEW BY ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—A foreign nation seeking to have a for-
feiture or confiscation judgment registered and enforced by
a district court of the United States under this section shall
first submit a request to the Attorney General or the designee
of the Attorney General, which request shall include—
‘‘(A) a summary of the facts of the case and a descrip-
tion of the proceedings that resulted in the forfeiture or
confiscation judgment;
‘‘(B) certified copy of the forfeiture or confiscation judg-
ment;
‘‘(C) an affidavit or sworn declaration establishing that
the defendant received notice of the proceedings in suffi-
cient time to enable the defendant to defend against the
charges and that the judgment rendered is in force and
is not subject to appeal; and
‘‘(D) such additional information and evidence as may
be required by the Attorney General or the designee of
the Attorney General.
‘‘(2) CERTIFICATION
OF
REQUEST.—The Attorney General
or the designee of the Attorney General shall determine
whether, in the interest of justice, to certify the request, and
such decision shall be final and not subject to either judicial
review or review under subchapter II of chapter 5, or chapter
7, of title 5 (commonly known as the ‘Administrative Procedure
Act’).
‘‘(c) JURISDICTION AND VENUE.—
‘‘(1) IN GENERAL.—If the Attorney General or the designee
of the Attorney General certifies a request under subsection
(b), the United States may file an application on behalf of
a foreign nation in district court of the United States seeking
to enforce the foreign forfeiture or confiscation judgment as
if the judgment had been entered by a court in the United
States.
‘‘(2) PROCEEDINGS.—In a proceeding filed under paragraph
(1)—
‘‘(A) the United States shall be the applicant and the
defendant or another person or entity affected by the for-
feiture or confiscation judgment shall be the respondent;
‘‘(B) venue shall lie in the district court for the District
of Columbia or in any other district in which the defendant
or the property that may be the basis for satisfaction of
a judgment under this section may be found; and
‘‘(C) the district court shall have personal jurisdiction
over a defendant residing outside of the United States
if the defendant is served with process in accordance with
rule 4 of the Federal Rules of Civil Procedure.
‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.—
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‘‘(1) IN GENERAL.—The district court shall enter such orders
as may be necessary to enforce the judgment on behalf of
the foreign nation unless the court finds that—
‘‘(A) the judgment was rendered under a system that
provides tribunals or procedures incompatible with the
requirements of due process of law;
‘‘(B) the foreign court lacked personal jurisdiction over
the defendant;
‘‘(C) the foreign court lacked jurisdiction over the sub-
ject matter;
‘‘(D) the defendant in the proceedings in the foreign
court did not receive notice of the proceedings in sufficient
time to enable him or her to defend; or
‘‘(E) the judgment was obtained by fraud.
‘‘(2) PROCESS.—Process to enforce a judgment under this
section shall be in accordance with rule 69(a) of the Federal
Rules of Civil Procedure.
‘‘(e) FINALITY
OF FOREIGN FINDINGS.—In entering orders to
enforce the judgment, the court shall be bound by the findings
of fact to the extent that they are stated in the foreign forfeiture
or confiscation judgment.
‘‘(f ) CURRENCY CONVERSION.—The rate of exchange in effect
at the time the suit to enforce is filed by the foreign nation shall
be used in calculating the amount stated in any forfeiture or confis-
cation judgment requiring the payment of a sum of money submitted
for registration.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 163
of title 28, United States Code, is amended by adding at the end
the following:
‘‘2467. Enforcement of foreign judgment.’’.
SEC. 16. ENCOURAGING USE OF CRIMINAL FORFEITURE AS AN ALTER-
NATIVE TO CIVIL FORFEITURE.
Section 2461 of title 28, United States Code, is amended by
adding at the end the following:
‘‘(c) If a forfeiture of property is authorized in connection with
a violation of an Act of Congress, and any person is charged in
an indictment or information with such violation but no specific
statutory provision is made for criminal forfeiture upon conviction,
the Government may include the forfeiture in the indictment or
information in accordance with the Federal Rules of Criminal Proce-
dure, and upon conviction, the court shall order the forfeiture
of the property in accordance with the procedures set forth in
section 413 of the Controlled Substances Act (21 U.S.C. 853), other
than subsection (d) of that section.’’.
SEC. 17. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.
Section 986 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(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—