Subtitle C—Recovering the Pro-
ceeds of Crime and Victim Res-
titution 
CHAPTER 1—CRIMINAL FORFEITURE 
PROCEDURE 
SEC. 341. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL 
FORFEITURE. 
(a) IN GENERAL.—Section 413(e)(1) of the Con-
trolled Substances Act (21 U.S.C. 853(e)(1)) is amended 
by— 
(1) inserting the following before the dash: ‘‘, 
including property that may be forfeited upon the 
defendant’s conviction to satisfy a money judgment’’; 
and 
(2) inserting before ‘‘to preserve’’ the following: 
‘‘to prevent the unlawful use of the property while 
a criminal action is pending, or’’. 
(b) CONFORMING.—Section 413(c) of the Controlled 
Substances Act (21 U.S.C. 853(c)), is amended by strik-
ing ‘‘subsection (a)’’ and inserting ‘‘subsection (a) or (p)’’. 
(c) PROTECTIVE ORDER.—Section 413(e)(3) of the 
Controlled Substances Act (21 U.S.C. 853(e)) is amended 
by inserting ‘‘(A)’’ before ‘‘The court’’ and by adding the 
following after the period: 
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‘‘(B) The court shall issue any protective order 
necessary to prevent the premature disclosure of any 
ongoing law enforcement operation or investigation 
or the identity of any witness at the hearing. In ad-
dition, in any case involving an ongoing investiga-
tion, the court shall permit the presentation of evi-
dence ex parte and under seal.’’. 
(d) RESTRAINING ORDER.—Section 413(e) of the 
Controlled Substances Act is amended by adding the fol-
lowing new paragraph after paragraph (4): 
‘‘(5)(A) A restraining order entered pursuant to 
paragraph (1)(A) shall remain in effect through the 
conclusion of the criminal case, unless modified by 
the court. 
‘‘(B) At the request of the defendant, the court 
may conduct a pretrial hearing to determine whether 
the restraining order should be vacated or modified 
with respect to some or all of the restrained prop-
erty, if the defendant— 
‘‘(i) establishes by a preponderance of the 
evidence that there are no assets, other than 
the restrained property, available to the defend-
ant to retain counsel in the criminal case; and 
‘‘(ii) makes a prima facie showing of a 
bona fide reason to believe that there is no 
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probable cause for the forfeiture of the re-
strained property, or for the entry of a money 
judgment that the restrained property would be 
used to satisfy. 
The Government shall have an opportunity to cross- 
examine the defendant and any witnesses the de-
fendant may present on these issues. 
‘‘(C) If the court determines that the defendant 
has satisfied the requirements of (B)(i) and (ii), it 
may hold a hearing to determine whether there is 
probable cause for the forfeiture of the property. In 
making such determination, the court shall give due 
deference to any finding made by a grand jury that 
there is probable cause to believe that the property 
is subject to forfeiture. 
‘‘(D) If the court determines that no probable 
cause exists for the forfeiture of the property, it 
shall modify the restraining order to the extent nec-
essary to release the property from restraint. 
‘‘(E) In any hearing under this paragraph 
where probable cause is at issue, the court shall 
limit its inquiry to the existence of probable cause 
for the forfeiture of the restrained assets, or for the 
entry of a money judgment that the restrained as-
sets would be used to satisfy. The court shall not en-
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tertain challenges to the grand jury’s finding of 
probable cause regarding the criminal offense giving 
rise to the forfeiture. 
‘‘(F) A person other than the defendant who 
has a legal interest in the restrained property may 
move to modify or vacate the restraining order on 
the ground that the order causes a substantial hard-
ship to the moving party and less intrusive means 
exist to preserve the subject property for forfeiture. 
In accordance with subsection (k), such person may 
not object to a restraining order on grounds that 
may only be asserted in the ancillary proceeding pur-
suant to subsection (n).’’. 
SEC. 342. AUTHORIZING FORFEITURE PURSUANT TO A 
GUILTY PLEA. 
Section 413 of the Controlled Substances Act (21 
U.S.C. 853) is amended by adding at the end the fol-
lowing: 
‘‘(r) GUILTY PLEAS.— 
‘‘(1) A defendant who pleads guilty to a crimi-
nal offense may, as part of a plea agreement, agree 
to the forfeiture of any property derived from or 
used to commit that offense and any other offense 
that is part of the same scheme or plan or pattern 
of related conduct. 
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‘‘(2) Upon acceptance of the defendant’s guilty 
plea, the court shall enter a preliminary order of for-
feiture, pursuant to rule 32.2 of the Federal Rules 
of Criminal Procedure, with respect to any property 
that the defendant has agreed to forfeit pursuant to 
this subsection.’’. 
SEC. 343. CRIMINAL SEIZURE WARRANTS. 
Section 413(f) of the Controlled Substances Act (21 
U.S.C. 853(f)) is amended to read as follows: 
‘‘(a)(1) Property subject to forfeiture under this sec-
tion may be seized pursuant to section 981(b) of title 18, 
United States Code. 
‘‘(2) 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 restrain the property for the purpose of criminal for-
feiture. 
‘‘(3) If the seizure warrant is obtained after the prop-
erty to be seized has been listed in an indictment or crimi-
nal information or related bill of particulars, the require-
ment that the warrant be executed within 10 days under 
rule 41, Federal Rules of Criminal Procedure, shall not 
apply.’’. 
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