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(1) in subsection (a), by striking ‘‘in rem’’; and
(2) in subsection (c), by inserting ‘‘or Criminal’’
after ‘‘Civil’’.
SEC. 32. CRIMINAL FORFEITURE FOR MONEY LAUNDERING
CONSPIRACIES.
Section 982(a)(1) of title 18, United States Code, is
amended by inserting ‘‘, or a conspiracy to commit any
such offense’’ after ‘‘of this title’’.
SEC. 33. CORRECTION TO CRIMINAL FORFEITURE PROVI-
SION FOR ALIEN SMUGGLING AND OTHER IM-
MIGRATION OFFENSES.
Section 982(a) of title 18, United States Code, as
amended by section 29(b) is amended—
(1) by redesignating the second paragraph (6) as
paragraph (7);
(2) by inserting ‘‘sections 274A(a), 274(a)(1), or
274A(a)(2) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1324(a), 1324A(a)(1), and
1324A(a)(2)),’’ before ‘‘section 1425’’ the first time it
appears;
(3) in subparagraph (A), by striking ‘‘a viola-
tion of, or a conspiracy to violate, subsection (a)’’ and
inserting ‘‘the offense of which the person is con-
victed’’; and
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(4) in subparagraph (B)(i) and (ii), by striking
‘‘a violation of, or a conspiracy to violate, subsection
(a)’’ through ‘‘of this title’’ and inserting ‘‘the offense
of which the person is convicted’’.
SEC. 34. REPATRIATION OF PROPERTY PLACED BEYOND
THE JURISDICTION OF THE COURT.
(a) ORDER OF FORFEITURE.—Section 413(p) of the
Controlled Substances Act (21 U.S.C. 853(p)) is amended
by inserting the following at the end: ‘‘In the case of prop-
erty described in paragraph (3), the court may, in addition,
order the defendant to return the property to the jurisdic-
tion of the court so that it may be seized and forfeited.’’.
(b) PRE-TRIAL RESTRAINING ORDER.—Section 413(e)
of the Controlled Substances Act (21 U.S.C. 853(e)) is
amended by adding the following after paragraph (3):
‘‘(4) Pursuant to its authority to enter a pre-trial re-
straining order under this section, including its authority
to restrain any property forfeitable as substitute assets, the
court may also order the defendant to repatriate any prop-
erty subject to forfeiture pending trial, and to deposit that
property in the registry of the court, or with the United
States Marshals Service or the Secretary of the Treasury,
in an interest-bearing account. Failure to comply with an
order under this subsection, or an order to repatriate prop-
erty under subsection (p), shall be punishable as a civil or
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criminal contempt of court, and may also result in an en-
hancement of the sentence for the offense giving rise to the
forfeiture under the obstruction of justice provision of sec-
tion 3C1.1 of the United States Sentencing Guidelines.’’.
SEC. 35. RIGHT OF THIRD PARTIES TO CONTEST FORFEIT-
URE OF SUBSTITUTE ASSETS.
(a) IN GENERAL.—Section 413(c) of the Controlled
Substances Act (21 U.S.C. 853(c)), is amended by—
(1) inserting the following after the first sen-
tence:
‘‘All right, title and interest in property described in sub-
section (p) of this section vests in the United States at the
time an indictment, information or bill of particulars spe-
cifically describing the property as substitute assets is
filed.’’; and
(2) by striking ‘‘Any such property that is subse-
quently transferred to a person other than the defend-
ant’’ and inserting ‘‘Any property that is transferred
to a person other than the defendant after the United
States’ interest in the property has vested pursuant to
this subsection’’.
(b) CONFORMING AMENDMENT.—Section 413(n)(6) of
the Controlled Substances Act (21 U.S.C. 853(n)(6)) is
amended by adding at the end the following sentence: ‘‘In
the case of substitute assets, the petitioner must show that
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his interest in the property existed at the time the property
vested in the United States pursuant to subsection (c), or
that he subsequently acquired his interest in the property
as a bona fide purchaser for value as provided in this sub-
section.’’.
SEC. 36. ARCHEOLOGICAL RESOURCES PROTECTION ACT.
Section 8(b) of the Archeological Resources Protection
Act of 1979 (16 U.S.C. 470gg(b)) is amended by—
(1) inserting ‘‘all proceeds derived directly or in-
directly from such violation or any property traceable
thereto,’’ before ‘‘and all vehicles’’ in the unnumbered
paragraph;
(2) inserting ‘‘proceeds,’’ before ‘‘vehicles’’ in
paragraph (3); and
(3) inserting the following at the end of the sub-
section: ‘‘If a forfeiture count is included within an
indictment in accordance with the Federal Rules of
Criminal Procedure, and the defendant is convicted of
the offense giving rise to the forfeiture, the forfeiture
may be ordered as part of the criminal sentence in
accordance with the procedures for criminal forfeit-
ures in chapter 46 of title 18, United States Code.
Otherwise, the forfeiture shall be civil in nature in ac-
cordance with the procedures for civil forfeiture in
said chapter 46 of title 18.’’.
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SEC. 37. FORFEITURE OF INSTRUMENTALITIES OF TERROR-
ISM, TELEMARKETING FRAUD, AND OTHER
OFFENSES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title 18,
United States Code, is amended by adding the following
subparagraphs:
‘‘(G)(i) Any computer, photostatic reproduction
machine, electronic communications device or other
material, article, apparatus, device or thing made,
possessed, fitted, used or intended to be used on a con-
tinuing basis to commit a violation of sections 513,
514, 1028 through 1032, and 1341, 1343, and 1344
of this title, or a conspiracy to commit such offense,
and any property traceable to such property.
(ii) Any conveyance used on two or more occa-
sions to transport the instrumentalities used in the
commission of a violation of sections 1028 and 1029
of this title, or a conspiracy to commit such offense,
and any property traceable to such conveyance.
‘‘(H) Any conveyance, chemicals, laboratory
equipment, or other material, article, apparatus, de-
vice or thing made, possessed, fitted, used or intended
to be used to commit—
‘‘(i) an offense punishable under chapter
113B of this title (relating to terrorism);
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‘‘(ii) a violation of any of the following sec-
tions of the Federal explosives laws: subsections
(a) (1) and (3), (b) through (d), and (h)(1) of
section 842, and subsections (d) through (m) of
section 844; or
‘‘(iii) any other offense enumerated in sec-
tion 2339A(a) of this title;
or a conspiracy to commit any such offense, and any
property traceable to such property.’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by adding at the end
the following:
‘‘(8)(A) The court, in imposing a sentence on a person
convicted of a violation of sections 513, 514, 1028 through
1032, and 1341, 1343, and 1344 of this title, or a conspir-
acy to commit such offense, shall order the person to forfeit
to the United States any computer, photostatic reproduction
machine, electronic communications device or other mate-
rial, article, apparatus, device or thing made, possessed,
fitted, used or intended to be used to commit such offense,
and any property traceable to such property.
‘‘(B) The court, in imposing a sentence on a person
convicted of a violation of sections 1028 or 1029 of this title,
or a conspiracy to commit such offense, shall order the per-
son to forfeit to the United States any conveyance used on
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two or more occasions to transport the instrumentalities
used to commit such offense, and any property traceable
to such conveyance.
‘‘(9) The court, in imposing a sentence on a person
convicted of—
‘‘(A) an offense punishable under chapter 113B
of this title (relating to terrorism);
‘‘(B) a violation of any of the following sections
of the Federal explosives laws: subsections (a) (1) and
(3), (b) through (d), and (h)(1) of section 842, and
subsections (d) through (m) of section 844; or
‘‘(C) any other offense enumerated in section
2339A(a) of this title;
or a conspiracy to commit any such offense, shall order the
person to forfeit to the United States any conveyance,
chemicals, laboratory equipment, or other material, article,
apparatus, device or thing made, possessed, fitted, used or
intended to be used to commit such offense, and any prop-
erty traceable to such property.’’.
SEC. 38. FORFEITURE OF CRIMINAL PROCEEDS TRANS-
PORTED IN INTERSTATE COMMERCE.
Section 1952 of title 18, United States Code, is amend-
ed by adding the following subsection:
‘‘(d)(1) Any proceeds distributed or intended to be dis-
tributed in violation of subsection (a)(1) or a conspiracy
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to commit such violation, or any property traceable to such
property, is subject to forfeiture to the United States in ac-
cordance with the procedures set forth in chapter 46 of this
title.
‘‘(2) The court, in imposing sentence on a person con-
victed of an offense in violation of subsection (a)(1) or a
conspiracy to commit such offense, shall order that the per-
son forfeit to the United States any proceeds distributed or
intended to be distributed in the commission of such offense,
or any property traceable to such property, in accordance
with the procedures set forth in section 982 of this title.’’.
SEC. 39. FORFEITURES OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS.
Chapter III of the Federal Food, Drug, and Cos-
metic Act is amended by adding at the end the follow-
ing:
‘‘CIVIL FORFEITURE OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS
‘‘SEC. 311. (a) Any property, real or personal, that
constitutes, or is derived from or is traceable to the proceeds
obtained directly or indirectly from a criminal violation
of, or a conspiracy to commit a criminal violation of, a
provision of this Act shall be subject to judicial forfeiture
to the United States.
‘‘(b) The provisions of chapter 46 of title 18, United
States Code, relating to civil forfeitures shall extend to a
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seizure or forfeiture under this section, insofar as applicable
and not inconsistent with the provisions hereof, except that
such duties as are imposed upon the Secretary of the Treas-
ury under chapter 46 shall be performed with respect to
seizures and forfeitures under this section by such officers,
agents, or other persons as may be authorized or designated
for that purpose by the Secretary of Health and Human
Services.
‘‘CRIMINAL FORFEITURE OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS
‘‘SEC. 312. (a) Any person convicted of a violation of,
or a conspiracy to violate, a provision of this Act shall for-
feit to the United States, irrespective of any provision of
State law, any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation. The court, in imposing sentence on
such person, shall order that the person forfeit to the United
States all property described in this subsection.
‘‘(b) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administrative
or judicial proceeding in relation thereto, shall be governed
by the provisions of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853),
except for subsection 413(d) which shall not apply to forfeit-
ures under this section.’’.
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SEC. 40. FORFEITURE OF COUNTERFEIT PARAPHERNALIA.
Section 492 of title 18, United States Code, is
amended—
(1) by striking the third and fourth undesignated
paragraphs;
(2) by designating the remaining paragraphs as
subsections (a) and (b);
(3) by adding the following new subsections:
‘‘(c) For the purposes of this section, the provisions of
the customs laws relating to the seizure, summary and judi-
cial forfeiture, condemnation of property for violation of the
customs laws, the disposition of such property or the pro-
ceeds from the sale of such property, the remission or miti-
gation of such forfeitures, and the compromise of claims (19
U.S.C. 1602 et seq.), insofar as they are applicable and not
inconsistent with the provisions of this section, shall apply
to seizures and forfeitures incurred, or alleged to have been
incurred, under this section, except that the duties as are
imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs laws shall be performed with respect to seizures and
forfeitures of property under this section by such officers,
agents, or other persons as may be authorized or designated
for that purpose by the Secretary of the Treasury.
‘‘(d) All seizures and civil judicial forfeitures pursuant
to subsection (a) shall be governed by the procedures set
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forth in chapter 46 of this title pertaining to civil forfeit-
ures. The Attorney General shall have sole responsibility for
disposing of petitions for remission or mitigation with re-
spect to property involved in a judicial forfeiture proceed-
ing.
‘‘(e) A court in sentencing a person for a violation of
this chapter or of sections 331–33, 335, 336, 642 or 1720
of this title, shall order the person to forfeit the property
described in subsection (a) in accordance with the proce-
dures set forth in section 982 of this title.’’; and
(4) in subsection (b), as so designated by this
section by striking ‘‘fined not more than $100’’ and
inserting ‘‘fined under this title’’.
SEC. 41. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL
FORFEITURE THROUGH BANKRUPTCY.
Section 413(a) of the Controlled Substances Act (21
U.S.C. 853(a)) is amended by inserting ‘‘, or of any bank-
ruptcy proceeding instituted after or in contemplation of
a prosecution of such violation’’ after ‘‘shall forfeit to the
United States, irrespective of any provision of State law’’.
SEC. 42. COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT.
Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by redesignating subsection (q) as
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subsection (r) and by adding after subsection (p) the follow-
ing:
‘‘(q) In addition to the authority otherwise provided
in this section, an order of forfeiture may be enforced—
‘‘(1) in the manner provided for the collection
and payment of fines in subchapter B of chapter 229
of title 18, United States Code; or
‘‘(2) in the same manner as a judgment in a
civil action.’’.
SEC. 43. CRIMINAL FORFEITURE OF PROPERTY IN GOVERN-
MENT CUSTODY.
Section 413(f) of the Controlled Substances Act (21
U.S.C. 843(f)) is amended by adding the following at the
end: ‘‘If property subject to criminal forfeiture under this
section is already in the custody of the United States or
any agency thereof, it shall not be necessary to seize or re-
strain the property for the purpose of criminal forfeiture.’’.
SEC.
44.
DELIVERY
OF
PROPERTY
OF
THE
MARSHALS
SERVICE.
Section 413(j) of the Controlled Substances Act (21
U.S.C. 853(j)) is amended by inserting ‘‘, and Rule C(5)
of the Supplemental Rules for Certain Admiralty and Mar-
itime Claims,’’ before ‘‘shall apply to a criminal forfeiture.’’
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SEC.
45.
FORFEITURE
FOR
ODOMETER
TAMPERING
OFFENSES.
(a) CRIMINAL FORFEITURE.—Section 982(a)(5) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(D);
(2) by inserting ‘‘or’’ after the semicolon at the
end of subparagraph (E);
(3) by inserting the following after subparagraph
(E), as amended:
‘‘(F) section 32703 of title 49, United States
Code (motor vehicle odometer tampering);’’; and
(4) by adding the following after the last period:
‘‘If the conviction was for a violation described in
subparagraph (F), the court shall also order the for-
feiture of any vehicles or other property involved in
the commission of the offense.’’.
(b) CIVIL FORFEITURE.—Section 981(a)(1)(F) of title
18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iv);
(2) by striking the period at the end of clause (v)
and inserting ‘‘; or’’;
(3) by inserting the following after clause (v), as
amended:
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‘‘(vi) section 32703 of title 49, United
States Code (motor vehicle odometer tamper-
ing).’’; and
(4) by adding the following after the last period:
‘‘In the case of a violation described in clause (vi),
any vehicles or other property involved in the com-
mission of the offense shall also be subject to forfeit-
ure.’’
SEC. 46. PRE-TRIAL RESTRAINT OF SUBSTITUTE ASSETS.
Section 413(e)(1) of the Controlled Substances Act (21
U.S.C. 853(e)(1)) is amended—
(1) by striking ‘‘(a)’’ and inserting ‘‘(a) or (p)’’;
and
(2) by adding at the end the following:
‘‘To the extent that property forfeitable only pursuant to
subsection (p) is restrained under this paragraph, the court
shall afford the defendant a prompt post-restraint hearing
and shall exempt from such restraint such property as may
reasonably be needed by the defendant to pay attorney’s fees,
other necessary cost-of-living expenses, and expenses of
maintaining restrained assets pending the entry of judg-
ment in the criminal case.’’.
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SEC. 47. HEARINGS ON PRE-TRIAL RESTRAINING ORDERS;
ASSETS NEEDED TO PAY ATTORNEY’S FEES.
Section 413(e) of the Controlled Substances Act (21
U.S.C. 853(e)) is amended by adding the following new
paragraph:
‘‘(5)(A) When property is restrained pre-trial subject
to paragraph (1)(A), the court may, at the request of the
defendant, hold a pre-trial hearing to determine whether the
restraining order should be vacated or modified with respect
to some or all of the restrained property because—
‘‘(i) it restrains property that would not be sub-
ject to forfeiture even if all of the facts set forth in
the indictment were established as true;
‘‘(ii) it causes a substantial hardship to the mov-
ing party and less intrusive means exist to preserve
the subject property for forfeiture; or
‘‘(iii) the defendant establishes that he or she has
no assets, other than the restrained property, avail-
able to exercise his or her constitutional right to re-
tain counsel, and there is no probably cause to believe
that the restrained property is subject to forfeiture.
‘‘(B) In any hearing under this paragraph where prob-
able cause is at issue, the court shall limit its inquiry to
the existence of probable cause for the forfeiture, and shall
neither entertain challenges to the validity of the indict-
ment, nor require the Government to produce additional
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evidence regarding the facts of the case to support the grand
jury’s finding of probable cause regarding the criminal of-
fense giving rise to the forfeiture. In all cases, the party
requesting the modification of the restraining order shall
bear the burden of proof.’’.