1115 
‘‘(ii) the steps the claimant has taken to 
secure release of the property from the appro-
priate 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 sub-
section 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 pe-
tition 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 re-
turned to the claimant, pending completion of pro-
ceedings by the Government to obtain forfeiture of 
the property. 
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‘‘(7) If the court grants a petition under para-
graph (3)— 
‘‘(A) the court may enter any order nec-
essary 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 prop-
erty; 
‘‘(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 prop-
erty; and 
‘‘(B) the Government may place a lien 
against the property or file a lis pendens to en-
sure that the property is not transferred to an-
other person. 
‘‘(8) This subsection does 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 
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electronic funds constitutes the assets of a le-
gitimate business which has been seized; 
‘‘(B) is to be used as evidence of a viola-
tion of the law; 
‘‘(C) by reason of design or other char-
acteristic, is particularly suited for use in illegal 
activities; or 
‘‘(D) is likely to be used to commit addi-
tional criminal acts if returned to the claimant. 
‘‘(g) PROPORTIONALITY.— 
‘‘(1) The claimant under subsection (a)(4) may 
petition the court to determine whether the for-
feiture was constitutionally excessive. 
‘‘(2) In making this determination, the court 
shall compare the forfeiture to the gravity of the of-
fense giving rise to the forfeiture. 
‘‘(3) The claimant shall have the burden of es-
tablishing that the forfeiture is grossly dispropor-
tional by a preponderance of the evidence at a hear-
ing 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. 
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‘‘(h) CIVIL FINE.— 
‘‘(1) In any civil forfeiture proceeding under a 
civil forfeiture statute in which the Government pre-
vails, 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 for-
feited property, but in no event shall the fine be less 
than $250 or greater than $5,000. 
‘‘(2) Any civil fine imposed under this sub-
section 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, 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 de-
tained 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 cir-
cumstances. 
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‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In 
this section, the term ‘civil forfeiture statute’— 
‘‘(1) means any provision of Federal law pro-
viding for the forfeiture of property other than as a 
sentence imposed upon conviction of a criminal of-
fense; 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 Cos-
metic Act; 
‘‘(D) the Trading with the Enemy Act or 
the International Emergency Economic Powers 
Act (IEEPA); or 
‘‘(E) section 1 of title VI of the Act of 
June 15, 1917 (40 Stat. 233). 
‘‘(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 
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preserve the availability of property subject to civil 
forfeiture— 
‘‘(A) upon the filing of a civil forfeiture 
complaint alleging that the property with re-
spect to which the order is sought is subject to 
civil forfeiture; or 
‘‘(B) prior to the filing of such a com-
plaint, if, after notice to persons appearing to 
have an interest in the property and oppor-
tunity 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 avail-
ability 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, 
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PWALKER on DSK7TPTVN1PROD with BILLS
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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 dem-
onstrates 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 provi-
sion of notice will jeopardize the availability of the 
property for forfeiture. Such a temporary order shall 
expire not more than 14 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 hear-
ing 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. 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘§ 2554. Civil forfeiture of fungible property 
‘‘(a) GENERALLY.— 
‘‘(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 or precious metals— 
‘‘(A) it shall not be necessary for the Gov-
ernment to identify the specific property in-
volved 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 ac-
count as the property involved in the offense that is 
the basis for the forfeiture shall be subject to for-
feiture under this section. 
‘‘(b) LIMITATION.—No action pursuant to this sec-
tion 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) EXCEPTION.— 
‘‘(1) Subsection (a) does not apply to an action 
against funds held by a financial institution in an 
interbank account unless the account holder know-
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PWALKER on DSK7TPTVN1PROD with BILLS
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ingly engaged in the offense that is the basis for the 
forfeiture. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘financial institution’ in-
cludes a foreign bank (as defined in section 
1(b)(7) of the International Banking Act of 
1978); 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) DISCLAIMER.—Nothing in this section limits the 
ability of the Government to forfeit property under any 
provision of law if the property involved in the offense giv-
ing rise to the forfeiture or property traceable thereto is 
available for forfeiture. 
‘‘§ 2555. Civil forfeiture of real property 
‘‘(a) JUDICIAL FORFEITURES.—Notwithstanding any 
other provision of law, all civil forfeitures of real property 
and interests in real property shall proceed as judicial for-
feitures. 
‘‘(b) PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in this section— 
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PWALKER on DSK7TPTVN1PROD with BILLS
1124 
‘‘(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 prop-
erty that is the subject of a pending forfeiture 
action. 
‘‘(2) The filing of a lis pendens and the execu-
tion 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) INITIATION.— 
‘‘(1) The Government shall initiate a civil for-
feiture 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; 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(B) resides outside the United States and 
efforts at service pursuant to rule 4 of the Fed-
eral 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 lo-
cated. 
‘‘(3) If real property has been posted in accord-
ance 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 jurisdic-
tion over the property. 
‘‘(d) SEIZURE PRIOR TO ENTRY OF ORDER.— 
‘‘(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 
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PWALKER on DSK7TPTVN1PROD with BILLS
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the property owner has a meaningful op-
portunity to be heard; or 
‘‘(ii) makes an ex parte determination 
that there is probable cause for the for-
feiture and that there are exigent cir-
cumstances 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 pre-
venting the sale, destruction, or continued unlawful 
use of the real property. 
‘‘(e) POST-SEIZURE HEARING.—If the court author-
izes a seizure of real property under subsection 
(d)(1)(B)(ii), it shall conduct a prompt post-seizure hear-
ing during which the property owner shall have an oppor-
tunity to contest the basis for the seizure. 
‘‘(f) APPLICATION.—This section— 
‘‘(1) applies only to civil forfeitures of real 
property and interests in real property; 
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‘‘(2) does not apply to forfeitures of the pro-
ceeds 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. 
‘‘§ 2556. Subpoenas for bank records 
‘‘(a) IN GENERAL.—At any time after the commence-
ment of any action for forfeiture in rem brought by the 
United States under section 1451, 1452, and 508 of this 
title, section 5322 or 5324 of title 31, 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 institu-
tion, as defined in section 5312(a) of title 31, to produce 
books, records and any other documents at any place des-
ignated by the requesting party. All parties to the pro-
ceeding shall be notified of the issuance of any such sub-
poena. The procedures and limitations set forth in section 
2555 shall apply to subpoenas issued under this section. 
‘‘(b) SERVICE.—Service of a subpoena issued pursu-
ant to this section shall be by certified mail. Records pro-
duced in response to such a subpoena may be produced 
in person or by mail, common carrier, or such other meth-
od as may be agreed upon by the party requesting the 
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subpoena and the custodian of records. The party request-
ing the subpoena may require the custodian of records to 
submit an affidavit certifying the authenticity and com-
pleteness of the records and explaining the omission of any 
record called for in the subpoena. 
‘‘(c) DISCOVERY.—Nothing in this section precludes 
any party from pursuing any form of discovery pursuant 
to the Federal Rules of Civil Procedure. 
‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURIS-
DICTIONS.— 
‘‘(1) IN GENERAL.—In any civil forfeiture case, 
or in any ancillary proceeding in any criminal for-
feiture case involving a violation of Chapter 17 pun-
ishable by imprisonment by more than one year, 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 claim-
ant to waive the claimant’s rights under appli-
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PWALKER on DSK7TPTVN1PROD with BILLS
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cable financial secrecy laws, or to obtain the 
records so that such records can be made avail-
able 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 in-
cluding dismissal of the claim with prejudice. 
‘‘(2) PRIVILEGE.—This subsection does not af-
fect the right of the claimant to refuse production on 
the basis of any privilege guaranteed by the Con-
stitution of the United States or any other provision 
of Federal law. 
‘‘§ 2557. Anti-terrorist forfeiture protection 
‘‘(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 terror-
ists, 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 
2553(d) apply to the case. 
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‘‘(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 jeop-
ardize the national security interests of the United States. 
‘‘(c) CLARIFICATIONS.— 
‘‘(1) PROTECTION OF RIGHTS.—The exclusion 
of certain provisions of Federal law from the defini-
tion of the term ‘civil forfeiture statute’ in section 
2553(i) shall not be construed to deny an owner of 
property the right to contest the confiscation of as-
sets of suspected international terrorists under— 
‘‘(A) subsection (a) of this section; 
‘‘(B) the Constitution; or 
‘‘(C) subchapter II of chapter 5 of title 5. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
limits or otherwise affects any other remedies that 
may be available to an owner of property under sec-
tion 2553 or any other provision of law. 
‘‘SUBCHAPTER C—CRIMINAL FORFEITURE 
‘‘Sec. 
‘‘2561. Offenses giving rise to criminal forfeiture. 
‘‘2562. Procedures for criminal forfeiture. 
‘‘§ 2561. Offenses giving rise to criminal forfeiture 
‘‘(a) PROPERTY FORFEITED
AT TIME
OF SEN-
TENCE.—The court, when imposing a sentence on a de-
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fendant convicted of an offense described in subsection 
(b), shall order the defendant forfeit to the United States 
all forfeitable property (as defined in section 2501) related 
to the offense. 
‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE 
IS TO BE ORDERED.—The offenses for which criminal 
forfeiture shall occur under this section are the following: 
‘‘(1) A violation of section 508, 1451, or 1452. 
‘‘(2) A violation of, or a conspiracy to violate— 
‘‘(A) section 644, 645, 773–775, 779, 801, 
803, 804, or 1003, affecting a financial institu-
tion; 
‘‘(B) section 614, 692–695, 697–702, 712, 
716, 783, 862, or 863; 
‘‘(3) A violation of— 
‘‘(A) section 653(a)(1) (relating to theft or 
bribery concerning programs receiving Federal 
funds); 
‘‘(B) section 772 (relating to fraud and 
false statements); 
‘‘(C) section 788 (relating to major fraud 
against the United States); 
‘‘(D) section 789 (relating to concealment 
of assets from conservator, receiver, or liqui-
dating agent of insured financial institution); 
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‘‘(E) section 801 (relating to mail fraud); 
or 
‘‘(F) section 803 (relating to wire fraud), 
involving the sale of assets acquired or held by the 
Federal Deposit Insurance Corporation, as conser-
vator or receiver for a financial institution or any 
other conservator for a financial institution ap-
pointed by the Office of the Comptroller of the Cur-
rency, or the National Credit Union Administration, 
as conservator or liquidating agent for a financial in-
stitution, shall order that the person forfeit to the 
United States any property, real or personal, which 
represents or is traceable to the gross receipts ob-
tained, directly or indirectly, as a result of such vio-
lation. 
‘‘(4) A violation of— 
‘‘(A) section 717 (altering or removing 
motor vehicle identification numbers); 
‘‘(B) section 866 (importing or exporting 
stolen motor vehicles); 
‘‘(C) section 671 (transporting stolen 
motor vehicles in interstate commerce); or 
‘‘(D) section 672 (possessing or selling a 
stolen motor vehicle that has moved in inter-
state commerce). 
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‘‘(5) A violation of, or conspiracy to violate, 
274A(a)(1), or 274A(a)(2) of the Immigration and 
Nationality Act, or any of sections 311 through 316, 
section 318(a), section 867 of this title, or a 
vioaltion of, or conspiracy to violate, section 783 of 
this title if committed in connection with passport or 
visa issuance or use. 
‘‘(6) A Federal health care offense. 
‘‘(7) A violation of, or conspiracy to violate, sec-
tion 783, 786, 801, 802, 803, or 804. 
‘‘(8) A violation of chapter 17 punishable by 
imprisonment for more than one year. 
‘‘(9) A violation of section 221, 222, 223, or 
224, or subchapter B of chapter 13. 
‘‘(10) A violation of section 512. 
‘‘(11) A violation of section 783, 786, 787, or 
794. 
‘‘(12) A violation of section 302, 302, 631, or 
927, or subchapter F of chapter 35. 
‘‘(13) A violation of section 675, 676, 677, 678, 
679, 680, or subchapter C of chapter 35. 
‘‘(14) A violation of section 868. 
‘‘§ 2562. Procedures for criminal forfeiture 
‘‘(a) APPLICATION OF PROCEDURES.—Unless other-
wise provided by law, the procedures set forth in this sec-
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tion govern any criminal forfeiture under a law of the 
United States. 
‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and 
interest in forfeitable vests in the United States upon the 
commission of the act giving rise to forfeiture under this 
subchapter. Any such property that is subsequently trans-
ferred 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) that the transferee is a bona fide purchaser for value 
of such property who at the time of purchase was reason-
ably without cause to believe that the property was subject 
to forfeiture under this section. 
‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebut-
table presumption at trial that any property of a person 
convicted of a felony under chapter 17 is subject to for-
feiture 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 or within a reason-
able time after such period; and 
‘‘(2) there was no likely source for such prop-
erty other than the violation 
‘‘(d) PROTECTIVE ORDERS.— 
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‘‘(1) WHEN ISSUED.—Upon application of the 
United States, the court may enter a restraining 
order or injunction, require the execution of a satis-
factory performance bond, or take any other action 
to preserve the availability of property for forfeiture 
under this section— 
‘‘(A) upon the filing of an indictment or 
information charging a violation for which 
criminal forfeiture may be ordered under this 
section and alleging that the property with re-
spect 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 indict-
ment or information, if, after notice to persons 
appearing to have an interest in the property 
and opportunity for a hearing, the court deter-
mines 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 
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‘‘(ii) the need to preserve the avail-
ability 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) LENGTH.—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 an indictment or information 
described in paragraph (1)(A) has been filed. 
‘‘(3) EX
PARTE.—A temporary restraining 
order under this subsection may be entered upon ap-
plication of the United States without notice or op-
portunity for a hearing when an information or in-
dictment 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 for-
feiture. Such a temporary order shall expire not 
more than 14 days after the date on which it is en-
tered, unless extended for good cause shown or un-
less the party against whom it is entered consents 
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to an extension for a longer period. A hearing re-
quested 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) EVIDENCE.—The court may receive and 
consider, at a hearing held pursuant to this sub-
section, evidence and information that would be in-
admissible under the Federal Rules of Evidence. 
‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 
‘‘(A) IN GENERAL.—Pursuant to its au-
thority to enter a pretrial restraining order 
under this section, the court may order a de-
fendant to repatriate any property that may be 
seized and forfeited, and to deposit that prop-
erty 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 sub-
section (o), shall be punishable as a civil or 
criminal contempt of court, and may also result 
in an enhancement of the sentence of the de-
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fendant under the obstruction of justice provi-
sion of the Federal Sentencing Guidelines. 
‘‘(e) 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 con-
viction, be subject to forfeiture and that an order under 
subsection (d) may not be sufficient to assure the avail-
ability of the property for forfeiture, the court shall issue 
a warrant authorizing the seizure of such property. 
‘‘(f) EXECUTION.—Upon entry of an order of for-
feiture 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 in-
junctions, require the execution of satisfactory perform-
ance bonds, appoint receivers, conservators, appraisers, 
accountants, or trustees, or take any other action to pro-
tect the interest of the United States in the property or-
dered forfeited. Any income accruing to or derived from 
property ordered forfeited under this section may be used 
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to offset ordinary and necessary expenses to the property 
which are required by law, or which are necessary to pro-
tect the interests of the United States or third parties. 
‘‘(g) DISPOSITION OF PROPERTY.—Following the sei-
zure of property ordered forfeited under this section, the 
Attorney General shall direct the disposition of the prop-
erty by sale of any other any other commercially feasible 
means, making due provision for the rights of any inno-
cent persons. Any property right or interest not exer-
cisable 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 or on 
the behalf of the defendant be eligible to purchase for-
feited 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 or on the behalf of the 
defendant, the court may restrain or stay the sale or dis-
position of the property pending the conclusion of any ap-
peal 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 in-
jury, harm, or loss to the applicant. 
‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.— 
With respect to property ordered forfeited under this sec-
tion, the Attorney General is authorized to— 
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‘‘(1) grant petitions for mitigation or remission 
of forfeiture, restore forfeited property to victims of 
a violation, 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 this sec-
tion; 
‘‘(2) compromise claims arising under this sec-
tion; 
‘‘(3) award compensation to persons providing 
information resulting in a forfeiture under this sec-
tion; 
‘‘(4) direct the disposition by the United States, 
in accordance with section 511(e) of the Controlled 
Substances Act, of all property ordered forfeited 
under this section by public sale or any other com-
mercially 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. 
‘‘(i) APPLICABILITY OF CIVIL FORFEITURE PROVI-
SIONS.—Except to the extent that they are inconsistent 
with this section, section 2552(g) of this title and section 
511(d) of the Controlled Substances Act apply to a crimi-
nal forfeiture under this section. 
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‘‘(j) BAR ON INTERVENTION.—Except as provided in 
subsection (m), 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 in subject to forfeiture under this sec-
tion. 
‘‘(k) JURISDICTION TO ENTER ORDERS.—The dis-
trict 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. 
‘‘(l) DEPOSITIONS.—In order to facilitate the identi-
fication and location of property declared forfeited and to 
facilitate the disposition of petitions for remission or miti-
gation 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 testi-
mony of any witness relating to the property forfeited be 
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taken by deposition and that any designated book, paper, 
document, record, recording, or other material not privi-
leged be produced at the same time any place, in the same 
manner as provided for the taking of depositions under 
Rule 15 of the Federal Rules of Criminal Procedure. 
‘‘(m) 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 prop-
erty that is the subject of the order of forfeiture as a sub-
stitute 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 for-
feited 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 
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the property, the time and circumstances of the peti-
tioner’s acquisition of the right, title, or interest in the 
property, and 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 re-
buttal and in defense of this claim to the property and 
cross-examine witnesses who appear 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 in-
terest in the property, and such right, title, or inter-
est renders the order of forfeiture invalid in whole 
or in part because the right, title, or interest was 
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vested in the petitioner rather than the defendant or 
was superior to any right, title, or interest of the de-
fendant at the time of the commission of the acts 
which gave rise to the forfeiture of the property 
under the 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 for-
feiture 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 para-
graph (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 sub-
sequent purchaser or transferee. 
‘‘(n) RULE OF CONSTRUCTION.—This section shall 
be liberally construed to effectuate its remedial purposes. 
‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 
‘‘(1) IN GENERAL.—Paragraph (2) of this sub-
section applies, if any property described in sub-
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section (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 jurisdic-
tion of the court; 
‘‘(D) has been substantially diminished in 
value; or 
‘‘(E) has been commingled with other 
property which cannot be divided without dif-
ficulty. 
‘‘(2) SUBSTITUTE PROPERTY.—In any case de-
scribed 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
JURISDIC-
TION.—In the case of property described in para-
graph (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 
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of the court so that the property may be seized and 
forfeited. 
‘‘(4) LIMITATION.—This subsection shall not be 
used to order a defendant to forfeit assets in place 
of the actual property laundered where such defend-
ant 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 trans-
actions involving a total of $100,000 or more in any 
twelve month period. 
‘‘(p) SPECIAL RESTITUTION.—The court, when sen-
tencing a defendant convicted of an offense under chapter 
17 involving the manufacture, the possession, or the pos-
session with intent to distribute, of amphetamine or meth-
amphetamine, shall— 
‘‘(1) order restitution as provided in sections 
3612 and 3664; 
‘‘(2) order the defendant to reimburse the 
United States, the State or local government con-
cerned, or both the United States and the State or 
local government concerned for the costs incurred by 
the United States or the State or local government 
concerned, as the case may be, for the cleanup asso-
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ciated with the manufacture of amphetamine or 
methamphetamine by the defendant, or on premises 
or in property that the defendant owns, resides, or 
does business in; and 
‘‘(3) order restitution to any person injured as 
a result of the offense as provided in section 
3663A.’’. 
SEC. 3. CONFORMING REPEALS. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act is amended— 
(1) by striking all of the sections in part D, ex-
cept sections 412 (relating to application of treaties 
and other international agreements) and 421 (relat-
ing to denial of Federal benefits to drug traffickers 
and possessors); and 
(2) by striking section 511 (relating to forfeit-
ures). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The Controlled Substances Import and Export Act 
is amended by striking sections 1010 (relating to prohib-
ited acts), 1010A (relating to foreign terrorist organiza-
tions, terrorist persons and groups), 1012 (relating to sec-
ond or subsequent offenses), 1013 (relating to attempt 
and conspiracy), and 1017 (relating to criminal forfeit-
ures). 
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(c) IMMIGRATION AND NATIONALITY ACT.—The Im-
migration and Nationality Act is amended by striking sec-
tions 243, 274, 275, 276, and 277. 
(d) ATOMIC ENERGY ACT OF 1954.—The Atomic 
Energy Act of 1954 is amended— 
(1) by striking sections 92, 221, 224, 225, 226, 
227, and 235; 
(2) by striking subsections a. and b. of section 
57; 
(3) in section 222 a., by striking ‘‘57 or’’; and 
(4) by striking subsection b. of section 222. 
(e) CONSUMER CREDIT PROTECTION ACT.—The 
Consumer Credit Protection Act is amended by striking 
sections 134 (relating to fraudulent use of credit card), 
619 (relating to obtaining information under false pre-
tenses), and 620 (relating to unauthorized disclosures by 
officers or employees). 
(f) TITLE 17, UNITED STATES CODE.—Title 17, 
United States Code, is amended by striking section 506 
(relating to copyright infringement criminal offenses). 
(g) TITLE 28, UNITED STATES CODE.—Title 28, 
United States Code, is amended by striking subsection (c) 
of section 1826 (relating to recalcitrant witnesses). 
(h) TITLE 29, UNITED STATES CODE.—Title 29, 
United States Code, is amended by striking subsection (c) 
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of section 501 (relating to fiduciary responsibility of offi-
cers of labor organizations). 
(i) TITLE 31, UNITED STATES CODE.—Title 31, 
United States Code, is amended by striking sections 5324 
(relating to structuring transactions to evade reporting re-
quirement prohibited) and 5332 (relating to bulk cash 
smuggling into or out of the United States). 
(j) TITLE 49, UNITED STATES CODE.—Title 49, 
United States Code, is amended by striking sections 
46502, 46504, 46505, and 46506 (relating to special air-
craft jurisdiction of the United States). 
(k) ADDITIONAL CONFORMING REPEALS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General shall submit to Congress proposed 
legislation repealing additional provisions of law that have 
been rendered superfluous by the enactment of this Act. 
SEC. 4. CROSS REFERENCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Attorney General 
shall submit to Congress proposed legislation correcting 
cross references in other laws to provisions of law that 
have been amended or repealed by this Act. 
(b) RELATING TO PUBLIC LAW 112–55.—Section 
511 of Public Law 112–55 is amended— 
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