622 
(2) Paragraph (1) is applicable with respect to any wire 
or electronic communication that is held or maintained on that 
service— 
(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer proc-
essing of communications received by means of electronic 
transmission from), a subscriber or customer of such re-
mote computing service; and 
(B) solely for the purpose of providing storage or com-
puter processing services to such subscriber or customer, if 
the provider is not authorized to access the contents of any 
such communications for purposes of providing any services 
other than storage or computer processing. 
(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION 
SERVICE OR REMOTE COMPUTING SERVICE.—(1) governmental 
entity may require a provider of electronic communication serv-
ice or remote computing service to disclose a record or other 
information pertaining to a subscriber to or customer of such 
service (not including the contents of communications) only 
when the governmental entity— 
(A) obtains a warrant issued using the procedures de-
scribed in the Federal Rules of Criminal Procedure by a 
court with jurisdiction over the offense under investigation 
or equivalent State warrant; 
(B) obtains a court order for such disclosure under 
subsection (d) of this section; 
(C) has the consent of the subscriber or customer to 
such disclosure; 
(D) submits a formal written request relevant to a law 
enforcement investigation concerning telemarketing fraud 
for the name, address, and place of business of a subscriber 
or customer of such provider, which subscriber or customer 
is engaged in telemarketing (as such term is defined in sec-
tion 2325 of this title); or 
(E) seeks information under paragraph (2). 
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(2) A provider of electronic communication service or re-
mote computing service shall disclose to a governmental entity 
the— 
(A) name; 
(B) address; 
(C) local and long distance telephone connection 
records, or records of session times and durations; 
(D) length of service (including start date) and types 
of service utilized; 
(E) telephone or instrument number or other sub-
scriber number or identity, including any temporarily as-
signed network address; and 
(F) means and source of payment for such service (in-
cluding any credit card or bank account number), 
of a subscriber to or customer of such service when the govern-
mental entity uses an administrative subpoena authorized by a 
Federal or State statute or a Federal or State grand jury or 
trial subpoena or any means available under paragraph (1). 
(3) A governmental entity receiving records or information 
under this subsection is not required to provide notice to a sub-
scriber or customer. 
(d) REQUIREMENTS FOR COURT ORDER.—A court order 
for disclosure under subsection (b) or (c) may be issued by any 
court that is a court of competent jurisdiction and shall issue 
only if the governmental entity offers specific and articulable 
facts showing that there are reasonable grounds to believe that 
the contents of a wire or electronic communication, or the 
records or other information sought, are relevant and material 
to an ongoing criminal investigation. In the case of a State gov-
ernmental authority, such a court order shall not issue if pro-
hibited by the law of such State. A court issuing an order pur-
suant to this section, on a motion made promptly by the service 
provider, may quash or modify such order, if the information 
or records requested are unusually voluminous in nature or 
compliance with such order otherwise would cause an undue 
burden on such provider. 
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(e) NO CAUSE OF ACTION AGAINST A PROVIDER DIS-
CLOSING INFORMATION UNDER THIS CHAPTER.—No cause of 
action shall lie in any court against any provider of wire or 
electronic communication service, its officers, employees, 
agents, or other specified persons for providing information, fa-
cilities, or assistance in accordance with the terms of a court 
order, warrant, subpoena, statutory authorization, or certifi-
cation under this chapter. 
(f) REQUIREMENT TO PRESERVE EVIDENCE.— 
(1) IN GENERAL.—A provider of wire or electronic 
communication services or a remote computing service, 
upon the request of a governmental entity, shall take all 
necessary steps to preserve records and other evidence in 
its possession pending the issuance of a court order or 
other process. 
(2) PERIOD OF RETENTION.—Records referred to in 
paragraph (1) shall be retained for a period of 90 days, 
which shall be extended for an additional 90-day period 
upon a renewed request by the governmental entity. 
(g) PRESENCE OF OFFICER NOT REQUIRED.—Notwith-
standing section 3105 of this title, the presence of an officer 
shall not be required for service or execution of a search war-
rant issued in accordance with this chapter requiring disclosure 
by a provider of electronic communications service or remote 
computing service of the contents of communications or records 
or other information pertaining to a subscriber to or customer 
of such service. 
§ 1524. Backup preservation 
(a) BACKUP PRESERVATION.—(1) A governmental entity 
acting under section 1523(b)(2) may include in its subpoena or 
court order a requirement that the service provider to whom 
the request is directed create a backup copy of the contents of 
the electronic communications sought in order to preserve those 
communications. Without notifying the subscriber or customer 
of such subpoena or court order, such service provider shall 
create such backup copy as soon as practicable consistent with 
its regular business practices and shall confirm to the govern-
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mental entity that such backup copy has been made. Such 
backup copy shall be created within two business days after re-
ceipt by the service provider of the subpoena or court order. 
(2) Notice to the subscriber or customer shall be made by 
the governmental entity within three days after receipt of such 
confirmation, unless such notice is delayed pursuant to section 
1525(a). 
(3) The service provider shall not destroy such backup 
copy until the later of— 
(A) the delivery of the information; or 
(B) the resolution of any proceedings (including ap-
peals of any proceeding) concerning the government’s sub-
poena or court order. 
(4) The service provider shall release such backup copy to 
the requesting governmental entity no sooner than fourteen 
days after the governmental entity’s notice to the subscriber or 
customer if such service provider— 
(A) has not received notice from the subscriber or cus-
tomer that the subscriber or customer has challenged the 
governmental entity’s request; and 
(B) has not initiated proceedings to challenge the re-
quest of the governmental entity. 
(5) A governmental entity may seek to require the creation 
of a backup copy under subsection (a)(1) of this section if in 
its sole discretion such entity determines that there is reason 
to believe that notification under section 1524 of this title of 
the existence of the subpoena or court order may result in de-
struction of or tampering with evidence. This determination is 
not subject to challenge by the subscriber or customer or serv-
ice provider. 
(b) CUSTOMER CHALLENGES.—(1) Within 14 days after 
notice by the governmental entity to the subscriber or customer 
under subsection (a)(2) of this section, such subscriber or cus-
tomer may file a motion to quash such subpoena or vacate such 
court order, with copies served upon the governmental entity 
and with written notice of such challenge to the service pro-
vider. A motion to vacate a court order shall be filed in the 
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court which issued such order. A motion to quash a subpoena 
shall be filed in the appropriate United States district court or 
State court. Such motion or application shall contain an affi-
davit or sworn statement— 
(A) stating that the applicant is a customer or sub-
scriber to the service from which the contents of electronic 
communications maintained for him have been sought; and 
(B) stating the applicant’s reasons for believing that 
the records sought are not relevant to a legitimate law en-
forcement inquiry or that there has not been substantial 
compliance with the provisions of this chapter in some 
other respect. 
(2) Service shall be made under this section upon a gov-
ernmental entity by delivering or mailing by registered or cer-
tified mail a copy of the papers to the person, office, or depart-
ment specified in the notice which the customer has received 
pursuant to this chapter. For the purposes of this section, the 
term ‘‘delivery’’ has the meaning given that term in the Fed-
eral Rules of Civil Procedure. 
(3) If the court finds that the customer has complied with 
paragraphs (1) and (2) of this subsection, the court shall order 
the governmental entity to file a sworn response, which may be 
filed in camera if the governmental entity includes in its re-
sponse the reasons which make in camera review appropriate. 
If the court is unable to determine the motion or application 
on the basis of the parties’ initial allegations and response, the 
court may conduct such additional proceedings as it deems ap-
propriate. All such proceedings shall be completed and the mo-
tion or application decided as soon as practicable after the fil-
ing of the governmental entity’s response. 
(4) If the court finds that the applicant is not the sub-
scriber or customer for whom the communications sought by 
the governmental entity are maintained, or that there is a rea-
son to believe that the law enforcement inquiry is legitimate 
and that the communications sought are relevant to that in-
quiry, it shall deny the motion or application and order such 
process enforced. If the court finds that the applicant is the 
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subscriber or customer for whom the communications sought by 
the governmental entity are maintained, and that there is not 
a reason to believe that the communications sought are relevant 
to a legitimate law enforcement inquiry, or that there has not 
been substantial compliance with the provisions of this chapter, 
it shall order the process quashed. 
(5) A court order denying a motion or application under 
this section shall not be deemed a final order and no interlocu-
tory appeal may be taken therefrom by the customer. 
§ 1525. Delayed notice 
(a) DELAY OF NOTIFICATION.—(1) A governmental entity 
acting under section 1523(b) of this title may— 
(A) where a court order is sought, include in the appli-
cation a request, which the court shall grant, for an order 
delaying the notification required under section 1523(b) of 
this title for a period not to exceed ninety days, if the court 
determines that there is reason to believe that notification 
of the existence of the court order may have an adverse re-
sult described in paragraph (2) of this subsection; or 
(B) where an administrative subpoena authorized by a 
Federal or State statute or a Federal or State grand jury 
subpoena is obtained, delay the notification required under 
section 1523(b) of this title for a period not to exceed nine-
ty days upon the execution of a written certification of a 
supervisory official that there is reason to believe that noti-
fication of the existence of the subpoena may have an ad-
verse result described in paragraph (2) of this subsection. 
(2) An adverse result for the purposes of paragraph (1) 
of this subsection is— 
(A) endangering the life or physical safety of an indi-
vidual; 
(B) flight from prosecution; 
(C) destruction of or tampering with evidence; 
(D) intimidation of potential witnesses; or 
(E) otherwise seriously jeopardizing an investigation 
or unduly delaying a trial. 
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(3) The governmental entity shall maintain a true copy of 
certification under paragraph (1)(B). 
(4) Extensions of the delay of notification provided in sec-
tion 1523 of up to ninety days each may be granted by the 
court upon application, or by certification by a governmental 
entity, but only in accordance with subsection (b) of this sec-
tion. 
(5) Upon expiration of the period of delay of notification 
under paragraph (1) or (4) of this subsection, the governmental 
entity shall serve upon, or deliver by registered or first-class 
mail to, the customer or subscriber a copy of the process or re-
quest together with notice that— 
(A) states with reasonable specificity the nature of the 
law enforcement inquiry; and 
(B) informs such customer or subscriber— 
(i) that information maintained for such customer 
or subscriber by the service provider named in such 
process or request was supplied to or requested by that 
governmental authority and the date on which the sup-
plying or request took place; 
(ii) that notification of such customer or sub-
scriber was delayed; 
(iii) what governmental entity or court made the 
certification or determination pursuant to which that 
delay was made; and 
(iv) which provision of this chapter allowed such 
delay. 
(6) As used in this subsection, the term ‘‘supervisory offi-
cial’’ means the investigative agent in charge or assistant inves-
tigative agent in charge or an equivalent of an investigating 
agency’s headquarters or regional office, or the chief pros-
ecuting attorney or the first assistant prosecuting attorney or 
an equivalent of a prosecuting attorney’s headquarters or re-
gional office. 
(b) PRECLUSION OF NOTICE TO SUBJECT OF GOVERN-
MENTAL ACCESS.—A governmental entity acting under section 
1523, when it is not required to notify the subscriber or cus-
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tomer under section 1523(b)(1), or to the extent that it may 
delay such notice pursuant to subsection (a) of this section, 
may apply to a court for an order commanding a provider of 
electronic communications service or remote computing service 
to whom a warrant, subpoena, or court order is directed, for 
such period as the court deems appropriate, not to notify any 
other person of the existence of the warrant, subpoena, or court 
order. The court shall enter such an order if it determines that 
there is reason to believe that notification of the existence of 
the warrant, subpoena, or court order will result in— 
(1) endangering the life or physical safety of an indi-
vidual; 
(2) flight from prosecution; 
(3) destruction of or tampering with evidence; 
(4) intimidation of potential witnesses; or 
(5) otherwise seriously jeopardizing an investigation or 
unduly delaying a trial. 
§ 1526. Cost reimbursement 
(a) PAYMENT.—Except as otherwise provided in sub-
section (c), a governmental entity obtaining the contents of 
communications, records, or other information under section 
1522, 1553, or 1524 shall pay to the person or entity assem-
bling or providing such information a fee for reimbursement for 
such costs as are reasonably necessary and which have been di-
rectly incurred in searching for, assembling, reproducing, or 
otherwise providing such information. Such reimbursable costs 
shall include any costs due to necessary disruption of normal 
operations of any electronic communication service or remote 
computing service in which such information may be stored. 
(b) AMOUNT.—The amount of the fee provided by sub-
section (a) shall be as mutually agreed by the governmental en-
tity and the person or entity providing the information, or, in 
the absence of agreement, shall be as determined by the court 
which issued the order for production of such information (or 
the court before which a criminal prosecution relating to such 
information would be brought, if no court order was issued for 
production of the information). 
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(c) EXCEPTION.—The requirement of subsection (a) of 
this section does not apply with respect to records or other in-
formation maintained by a communications common carrier 
that relate to telephone toll records and telephone listings ob-
tained under section 2703 of this title. The court may, how-
ever, order a payment as described in subsection (a) if the 
court determines the information required is unusually volumi-
nous in nature or otherwise caused an undue burden on the 
provider. 
§ 1527. Civil action 
(a) CAUSE OF ACTION.—Except as provided in section 
1523(e), any provider of electronic communication service, sub-
scriber, or other person aggrieved by any violation of this sub-
chapter in which the conduct constituting the violation is en-
gaged in with a knowing or intentional state of mind may, in 
a civil action, recover from the person or entity, other than the 
United States, which engaged in that violation such relief as 
may be appropriate. 
(b) RELIEF.—In a civil action under this section, appro-
priate relief includes— 
(1) such preliminary and other equitable or declara-
tory relief as may be appropriate; 
(2) damages under subsection (c); and 
(3) a reasonable attorney’s fee and other litigation 
costs reasonably incurred. 
(c) DAMAGES.—The court may assess as damages in a 
civil action under this section the sum of the actual damages 
suffered by the plaintiff and any profits made by the violator 
as a result of the violation, but in no case shall a person enti-
tled to recover receive less than the sum of $1,000. If the viola-
tion is willful or intentional, the court may assess punitive 
damages. In the case of a successful action to enforce liability 
under this section, the court may assess the costs of the action, 
together with reasonable attorney fees determined by the court. 
(d) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
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of this chapter, and the court or appropriate department or 
agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
(e) DEFENSE.—A good faith reliance on— 
(1) a court warrant or order, a grand jury subpoena, 
a legislative authorization, or a statutory authorization (in-
cluding a request of a governmental entity under section 
1523(f) of this title); 
(2) a request of an investigative or law enforcement 
officer under section 1498(7) of this title; or 
(3) a good faith determination that section 1492(3) of 
this title permitted the conduct complained of; 
is a complete defense to any civil or criminal action brought 
under this chapter or any other law. 
(f) LIMITATION.—A civil action under this section may not 
be commenced later than two years after the date upon which 
the claimant first discovered or had a reasonable opportunity 
to discover the violation. 
(g) IMPROPER DISCLOSURE.—Any willful disclosure of a 
‘‘record’’, as that term is defined in section 552a(a) of title 5, 
United States Code, obtained by an investigative or law en-
forcement officer, or a governmental entity, pursuant to section 
1523 of this title, or from a device installed pursuant to section 
3123 or 3125 of this title, that is not a disclosure made in the 
proper performance of the official functions of the officer or 
governmental entity making the disclosure, is a violation of this 
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chapter. This provision shall not apply to information pre-
viously lawfully disclosed (prior to the commencement of any 
civil or administrative proceeding under this chapter) to the 
public by a Federal, State, or local governmental entity or by 
the plaintiff in a civil action under this chapter. 
§ 1528. Exclusivity of remedies 
The remedies and sanctions described in this subchapter 
are the only judicial remedies and sanctions for nonconstitu-
tional violations of this subchapter. 
§ 1529. Counterintelligence access to telephone 
toll and transactional records 
(a) DUTY TO PROVIDE.—A wire or electronic communica-
tion service provider shall comply with a request for subscriber 
information and toll billing records information, or electronic 
communication transactional records in its custody or posses-
sion made by the Director of the Federal Bureau of Investiga-
tion under subsection (b) of this section. 
(b) REQUIRED CERTIFICATION.—The Director of the Fed-
eral Bureau of Investigation, or his designee in a position not 
lower than Deputy Assistant Director at Bureau headquarters 
or a Special Agent in Charge in a Bureau field office des-
ignated by the Director, may— 
(1) request the name, address, length of service, and 
local and long distance toll billing records of a person or 
entity if the Director (or his designee) certifies in writing 
to the wire or electronic communication service provider to 
which the request is made that the name, address, length 
of service, and toll billing records sought are relevant to an 
authorized investigation to protect against international 
terrorism or clandestine intelligence activities, provided that 
such an investigation of a United States person is not con-
ducted solely on the basis of activities protected by the first 
amendment to the Constitution of the United States; and 
(2) request the name, address, and length of service 
of a person or entity if the Director (or his designee) cer-
tifies in writing to the wire or electronic communication 
service provider to which the request is made that the in-
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formation sought is relevant to an authorized investigation 
to protect against international terrorism or clandestine in-
telligence activities, provided that such an investigation of 
a United States person is not conducted solely upon the 
basis of activities protected by the first amendment to the 
Constitution of the United States. 
(c) PROHIBITION OF CERTAIN DISCLOSURE.—No wire or 
electronic communication service provider, or officer, employee, 
or agent thereof, shall disclose to any person that the Federal 
Bureau of Investigation has sought or obtained access to infor-
mation or records under this section. 
(d) DISSEMINATION BY BUREAU.—The Federal Bureau of 
Investigation may disseminate information and records ob-
tained under this section only as provided in guidelines ap-
proved by the Attorney General for foreign intelligence collec-
tion and foreign counterintelligence investigations conducted by 
the Federal Bureau of Investigation, and, with respect to dis-
semination to an agency of the United States, only if such in-
formation is clearly relevant to the authorized responsibilities 
of such agency. 
(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BOD-
IES BE INFORMED.—On a semiannual basis the Director of the 
Federal Bureau of Investigation shall fully inform the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the 
Senate, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate, concerning all requests made under subsection (b) of 
this section. 
§ 1530. Wrongful disclosure of video tape rental or 
sale records 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘consumer’’ means any renter, purchaser, 
or subscriber of goods or services from a video tape service 
provider; 
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(2) the term ‘‘ordinary course of business’’ means only 
debt collection activities, order fulfillment, request proc-
essing, and the transfer of ownership; 
(3) the term ‘‘personally identifiable information’’ in-
cludes information which identifies a person as having re-
quested or obtained specific video materials or services 
from a video tape service provider; and 
(4) the term ‘‘video tape service provider’’ means any 
person, engaged in the business, in or affecting interstate 
or foreign commerce, of rental, sale, or delivery of 
prerecorded video cassette tapes or similar audio visual ma-
terials, or any person or other entity to whom a disclosure 
is made under subparagraph (D) or (E) of subsection 
(b)(2), but only with respect to the information contained 
in the disclosure. 
(b) VIDEO TAPE RENTAL AND SALE RECORDS.—(1) A 
video tape service provider who knowingly discloses, to any per-
son, personally identifiable information concerning any con-
sumer of such provider shall be liable to the aggrieved person 
for the relief provided in subsection (d). 
(2) A video tape service provider may disclose personally 
identifiable information concerning any consumer— 
(A) to the consumer; 
(B) to any person with the informed, written consent 
of the consumer given at the time the disclosure is sought; 
(C) to a law enforcement agency pursuant to a war-
rant issued under the Federal Rules of Criminal Procedure, 
an equivalent State warrant, a grand jury subpoena, or a 
court order; 
(D) to any person if the disclosure is solely of the 
names and addresses of consumers and if— 
(i) the video tape service provider has provided the 
consumer with the opportunity, in a clear and con-
spicuous manner, to prohibit such disclosure; and 
(ii) the disclosure does not identify the title, de-
scription, or subject matter of any video tapes or other 
audio visual material; however, the subject matter of 
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such materials may be disclosed if the disclosure is for 
the exclusive use of marketing goods and services di-
rectly to the consumer; 
(E) to any person if the disclosure is incident to the 
ordinary course of business of the video tape service pro-
vider; or 
(F) pursuant to a court order, in a civil proceeding 
upon a showing of compelling need for the information that 
cannot be accommodated by any other means, if— 
(i) the consumer is given reasonable notice, by the 
person seeking the disclosure, of the court proceeding 
relevant to the issuance of the court order; and 
(ii) the consumer is afforded the opportunity to 
appear and contest the claim of the person seeking the 
disclosure. 
If an order is granted pursuant to subparagraph (C) or (F), 
the court shall impose appropriate safeguards against unau-
thorized disclosure. 
(3) Court orders authorizing disclosure under subpara-
graph (C) shall issue only with prior notice to the consumer 
and only if the law enforcement agency shows that there is 
probable cause to believe that the records or other information 
sought are relevant to a legitimate law enforcement inquiry. In 
the case of a State government authority, such a court order 
shall not issue if prohibited by the law of such State. A court 
issuing an order pursuant to this section, on a motion made 
promptly by the video tape service provider, may quash or mod-
ify such order if the information or records requested are un-
reasonably voluminous in nature or if compliance with such 
order otherwise would cause an unreasonable burden on such 
provider. 
(c) CIVIL ACTION.—(1) Any person aggrieved by any act 
of a person in violation of this section may bring a civil action 
in a United States district court. 
(2) The court may award— 
(A) actual damages but not less than liquidated dam-
ages in an amount of $2,500; 
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(B) punitive damages; 
(C) reasonable attorneys’ fees and other litigation 
costs reasonably incurred; and 
(D) such other preliminary and equitable relief as the 
court determines to be appropriate. 
(3) No action may be brought under this subsection unless 
such action is begun within 2 years from the date of the act 
complained of or the date of discovery. 
(4) No liability shall result from lawful disclosure per-
mitted by this section. 
(d) PERSONALLY IDENTIFIABLE INFORMATION.—Person-
ally identifiable information obtained in any manner other than 
as provided in this section shall not be received in evidence in 
any trial, hearing, arbitration, or other proceeding in or before 
any court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the United 
States, a State, or a political subdivision of a State. 
(e) DESTRUCTION OF OLD RECORDS.—A person subject 
to this section shall destroy personally identifiable information 
as soon as practicable, but no later than one year from the date 
the information is no longer necessary for the purpose for 
which it was collected and there are no pending requests or or-
ders for access to such information under subsection (b)(2) or 
(c)(2) or pursuant to a court order. 
(f) PREEMPTION.—The provisions of this section preempt 
only the provisions of State or local law that require disclosure 
prohibited by this section. 
§ 1531. Definitions for subchapter 
As used in this subchapter— 
(1) the terms defined in section 1491 have, respec-
tively, the definitions given such terms in that section; 
(2) the term ‘‘remote computing service’’ means the 
provision to the public of computer storage or processing 
services by means of an electronic communications system; 
and 
(3) the term ‘‘court of competent jurisdiction’’ has the 
meaning assigned by section 3127, and includes any Fed-
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eral court within that definition, without geographic limita-
tion. 
§ 1532. Civil actions against the United States 
(a) IN GENERAL.—Any person who is aggrieved by any 
willful violation of this chapter or subchapter B of chapter 37 
of this title or of sections 106(a), 305(a), or 405(a) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) may commence an action in United States District Court 
against the United States to recover money damages. In any 
such action, if a person who is aggrieved successfully estab-
lishes such a violation of this subchapter or subchapter B or 
of the above specified provisions of title 50, the Court may as-
sess as damages— 
(1) actual damages, but not less than $10,000, which-
ever amount is greater; and 
(2) litigation costs, reasonably incurred. 
(b) PROCEDURES.—(1) Any action against the United 
States under this section may be commenced only after a claim 
is presented to the appropriate department or agency under the 
procedures of the Federal Tort Claims Act, as set forth in title 
28, United States Code. 
(2) Any action against the United States under this sec-
tion shall be forever barred unless it is presented in writing to 
the appropriate Federal agency within 2 years after such claim 
accrues or unless action is begun within 6 months after the 
date of mailing, by certified or registered mail, of notice of final 
denial of the claim by the agency to which it was presented. 
The claim shall accrue on the date upon which the claimant 
first has a reasonable opportunity to discover the violation. 
(3) Any action under this section shall be tried to the 
court without a jury. 
(4) Notwithstanding any other provision of law, the proce-
dures set forth in section 106(f), 305(g), or 405(f) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) shall be the exclusive means by which materials governed 
by those sections may be reviewed. 
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(5) An amount equal to any award against the United 
States under this section shall be reimbursed by the depart-
ment or agency concerned to the fund described in section 1304 
of title 31, United States Code, out of any appropriation, fund, 
or other account (excluding any part of such appropriation, 
fund, or account that is available for the enforcement of any 
Federal law) that is available for the operating expenses of the 
department or agency concerned. 
(c) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
of this chapter, and the court or appropriate department or 
agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
(d) EXCLUSIVE REMEDY.—Any action against the United 
States under this subsection shall be the exclusive remedy 
against the United States for any claims within the purview of 
this section. 
(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the 
United States, the court shall stay any action commenced 
under this section if the court determines that civil discovery 
will adversely affect the ability of the Government to conduct 
a related investigation or the prosecution of a related criminal 
case. Such a stay shall toll the limitations periods of paragraph 
(2) of subsection (b). 
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(2) In this subsection, the terms ‘‘related criminal case’’ 
and ‘‘related investigation’’ mean an actual prosecution or in-
vestigation in progress at the time at which the request for the 
stay or any subsequent motion to lift the stay is made. In de-
termining whether an investigation or a criminal case is related 
to an action commenced under this section, the court shall con-
sider the degree of similarity between the parties, witnesses, 
facts, and circumstances involved in the 2 proceedings, without 
requiring that any one or more factors be identical. 
(3) In requesting a stay under paragraph (1), the Govern-
ment may, in appropriate cases, submit evidence ex parte in 
order to avoid disclosing any matter that may adversely affect 
a related investigation or a related criminal case. If the Govern-
ment makes such an ex parte submission, the plaintiff shall be 
given an opportunity to make a submission to the court, not 
ex parte, and the court may, in its discretion, request further 
information from either party. 
SUBCHAPTER D—PROHIBITION ON RELEASE AND 
USE OF CERTAIN PERSONAL INFORMATION FROM 
STATE MOTOR VEHICLE RECORDS 
Sec. 
1541.
Prohibition on release and use of certain personal information 
from State motor vehicle records. 
1542.
Additional unlawful acts. 
1543.
Penalties. 
1544.
Civil action. 
1545.
Definitions. 
§ 1541. Prohibition on release and use of certain 
personal information from State motor ve-
hicle records 
(a) IN GENERAL.—A State department of motor vehicles, 
and any officer, employee, or contractor thereof, shall not 
knowingly disclose or otherwise make available to any person 
or entity: 
(1) personal information about any individual obtained 
by the department in connection with a motor vehicle 
record, except as provided in subsection (b) of this section; 
or 
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(2) highly restricted personal information about any 
individual obtained by the department in connection with a 
motor vehicle record, without the express consent of the 
person to whom such information applies, except uses per-
mitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9), but 
this paragraph does not in any way affect the use of organ 
donation information on an individual’s driver’s license or 
affect the administration of organ donation initiatives in 
the States. 
(b) PERMISSIBLE USES.—Personal information referred to 
in subsection (a) shall be disclosed for use in connection with 
matters of motor vehicle or driver safety and theft, motor vehi-
cle emissions, motor vehicle product alterations, recalls, or 
advisories, performance monitoring of motor vehicles and deal-
ers by motor vehicle manufacturers, and removal of non-owner 
records from the original owner records of motor vehicle manu-
facturers to carry out the purposes of titles I and IV of the 
Anti Car Theft Act of 1992, the Automobile Information Dis-
closure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 
U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of 
title 49, and, subject to subsection (a)(2), may be disclosed as 
follows: 
(1) For use by any government agency, including any 
court or law enforcement agency, in carrying out its func-
tions, or any private person or entity acting on behalf of 
a Federal, State, or local agency in carrying out its func-
tions. 
(2) For use in connection with matters of motor vehi-
cle or driver safety and theft; motor vehicle emissions; 
motor vehicle product alterations, recalls, or advisories; per-
formance monitoring of motor vehicles, motor vehicle parts 
and dealers; motor vehicle market research activities, in-
cluding survey research; and removal of non-owner records 
from the original owner records of motor vehicle manufac-
turers. 
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641 
(3) For use in the normal course of business by a le-
gitimate business or its agents, employees, or contractors, 
but only— 
(A) to verify the accuracy of personal information 
submitted by the individual to the business or its 
agents, employees, or contractors; and 
(B) if such information as so submitted is not cor-
rect or is no longer correct, to obtain the correct infor-
mation, but only for the purposes of preventing fraud 
by, pursuing legal remedies against, or recovering on a 
debt or security interest against, the individual. 
(4) For use in connection with any civil, criminal, ad-
ministrative, or arbitral proceeding in any Federal, State, 
or local court or agency or before any self-regulatory body, 
including the service of process, investigation in anticipa-
tion of litigation, and the execution or enforcement of judg-
ments and orders, or pursuant to an order of a Federal, 
State, or local court. 
(5) For use in research activities, and for use in pro-
ducing statistical reports, so long as the personal informa-
tion is not published, redisclosed, or used to contact indi-
viduals. 
(6) For use by any insurer or insurance support orga-
nization, or by a self-insured entity, or its agents, employ-
ees, or contractors, in connection with claims investigation 
activities, antifraud activities, rating or underwriting. 
(7) For use in providing notice to the owners of towed 
or impounded vehicles. 
(8) For use by any licensed private investigative agen-
cy or licensed security service for any purpose permitted 
under this subsection. 
(9) For use by an employer or its agent or insurer to 
obtain or verify information relating to a holder of a com-
mercial driver’s license that is required under chapter 313 
of title 49. 
(10) For use in connection with the operation of pri-
vate toll transportation facilities. 
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(11) For any other use in response to requests for in-
dividual motor vehicle records if the State has obtained the 
express consent of the person to whom such personal infor-
mation pertains. 
(12) For bulk distribution for surveys, marketing or 
solicitations if the State has obtained the express consent 
of the person to whom such personal information pertains. 
(13) For use by any requester, if the requester dem-
onstrates it has obtained the written consent of the indi-
vidual to whom the information pertains. 
(14) For any other use specifically authorized under 
the law of the State that holds the record, if such use is 
related to the operation of a motor vehicle or public safety. 
(c) RESALE OR REDISCLOSURE.—An authorized recipient 
of personal information (except a recipient under subsection 
(b)(11) or (12)) may resell or redisclose the information only 
for a use permitted under subsection (b) (but not for uses 
under subsection (b)(11) or (12)). An authorized recipient 
under subsection (b)(11) may resell or redisclose personal in-
formation for any purpose. An authorized recipient under sub-
section (b)(12) may resell or redisclose personal information 
pursuant to subsection (b)(12). Any authorized recipient (ex-
cept a recipient under subsection (b)(11)) that resells or redis-
closes personal information covered by this chapter must keep 
for a period of 5 years records identifying each person or entity 
that receives information and the permitted purpose for which 
the information will be used and must make such records avail-
able to the motor vehicle department upon request. 
(d) WAIVER PROCEDURES.—A State motor vehicle depart-
ment may establish and carry out procedures under which the 
department or its agents, upon receiving a request for personal 
information that does not fall within one of the exceptions in 
subsection (b), may mail a copy of the request to the individual 
about whom the information was requested, informing such in-
dividual of the request, together with a statement to the effect 
that the information will not be released unless the individual 
waives such individual’s right to privacy under this section. 
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(e) PROHIBITION ON CONDITIONS.—No State may condi-
tion or burden in any way the issuance of an individual’s motor 
vehicle record to obtain express consent. Nothing in this para-
graph shall be construed to prohibit a State from charging an 
administrative fee for issuance of a motor vehicle record. 
§ 1542. Additional unlawful acts 
(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall 
be unlawful for any person knowingly to obtain or disclose per-
sonal information, from a motor vehicle record, for any use not 
permitted under section 1541(b) of this title. 
(b) FALSE REPRESENTATION.—It shall be unlawful for 
any person to make false representation to obtain any personal 
information from an individual’s motor vehicle record. 
§ 1543. Penalties 
(a) CRIMINAL FINE.—A person who knowingly violates 
this chapter shall be fined under this title. 
(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VE-
HICLES.—Any State department of motor vehicles that has a 
policy or practice of substantial noncompliance with this chap-
ter shall be subject to a civil penalty imposed by the Attorney 
General of not more than $5,000 a day for each day of sub-
stantial noncompliance. 
§ 1544. Civil action 
(a) CAUSE OF ACTION.—A person who knowingly obtains, 
discloses or uses personal information, from a motor vehicle 
record, for a purpose not permitted under this chapter shall be 
liable to the individual to whom the information pertains, who 
may bring a civil action in a United States district court. 
(b) REMEDIES.—The court may award— 
(1) actual damages, but not less than liquidated dam-
ages in the amount of $2,500; 
(2) punitive damages upon proof of willful or reckless 
disregard of the law; 
(3) reasonable attorneys’ fees and other litigation costs 
reasonably incurred; and 
(4) such other preliminary and equitable relief as the 
court determines to be appropriate. 
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§ 1545. Definitions 
As used in this subchapter— 
(1) the term ‘‘motor vehicle record’’ means any record 
that pertains to a motor vehicle operator’s permit, motor 
vehicle title, motor vehicle registration, or identification 
card issued by a department of motor vehicles; 
(2) the term ‘‘personal information’’ means informa-
tion that identifies an individual, including an individual’s 
photograph, social security number, driver identification 
number, name, address (but not the 5-digit zip code), tele-
phone number, and medical or disability information, but 
does not include information on vehicular accidents, driving 
violations, and driver’s status. 
(3) the term ‘‘highly restricted personal information’’ 
means an individual’s photograph or image, social security 
number, medical or disability information; and 
(4) the term ‘‘express consent’’ means consent in writ-
ing, including consent conveyed electronically that bears an 
electronic signature as defined in section 106(5) of Public 
Law 106–229. 
SUBCHAPTER E—IDENTITY THEFT 
Sec. 
1551.
Obtaining information under false pretenses. 
1552.
Unauthorized disclosures by officers or employees. 
1553.
Definitions for subchapter. 
§ 1551. Obtaining information under false pre-
tenses 
Whoever knowingly obtains information on a consumer 
from a consumer reporting agency under false pretenses shall 
be imprisoned for not more than 2 years. 
§ 1552. Unauthorized disclosures by officers or em-
ployees 
Any officer or employee of a consumer reporting agency 
who knowingly provides information concerning an individual 
from the agency’s files to a person not authorized to receive 
that information shall be imprisoned for not more than 2 years. 
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§ 1553. Definitions for subchapter 
A term defined in the Fair Credit Reporting Act shall 
have the same meaning when used in the subchapter. 
CHAPTER 50—FORFEITURE 
Subchapter 
Sec. 
A. Property subject to forfeiture ..........................................
2501 
B. Civil forfeiture .......................................................................
2551 
C. Criminal forfeiture ...............................................................
2561 
SUBCHAPTER A—PROPERTY SUBJECT TO FORFEITURE 
Sec. 
2501. Forfeitable property. 
§ 2501. Forfeitable property 
(a) DEFINITIONS.—As used in this chapter— 
(1) the term ‘‘forfeitable property’’ means any property, 
real or personal, tangible or intangible, that is— 
(A) used or intended to be used to commit or fa-
cilitate the offense; 
(B) constituting, derived from, or traceable to pro-
ceeds of the offense; or 
(C) substitute assets for property described in sub-
paragraph (1) or (B); and 
(2) the term ‘‘proceeds’’ means all property obtained 
directly or indirectly from the offense. . 
(b) SPECIAL RULE FOR TERRORIST OFFENSES.—In the 
case of an act of domestic or international terrorism, as defined 
in section 283, there shall be deemed to be involved in the of-
fense all assets, foreign and domestic— 
(A) of any individual, entity, or organization en-
gaged in planning or perpetrating the act, and all as-
sets, foreign or domestic, affording any person a source 
of influence over any such entity or organization; 
(B) acquired or maintained by any person with the 
intent and for the purpose of supporting, planning, 
conducting, or concealing the act; or 
(C) derived from, involved in, or used or intended 
to be used to commit the act of domestic or inter-
national terrorism. 
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SUBCHAPTER B—CIVIL FORFEITURE 
Sec. 
2551. Offenses giving rise to civil forfeiture. 
2552. Procedure generally. 
2553. General rules for civil forfeiture proceedings. 
2554. Civil forfeiture of fungible property. 
2555. Civil forfeiture of real property. 
2556. Subpoenas for bank records. 
§ 2551. Offenses giving rise to civil forfeiture 
(a) CRIMINALLY RELATED PROPERTY SUBJECT TO FOR-
FEITURE.—All right, title, and interest in forfeitable property 
relating to an offense described in subsection (b) shall vest in 
the United States upon commission of that offense. 
(b) OFFENSES GIVING RISE TO CIVIL FORFEITURE.—The 
following offenses give rise to civil forfeiture under this section: 
(1) A violation of section 612, 614, 692-695, 697-702, 
712, 773-775, 779, 783, 786, 787, 789, 804, 862-865, or 
1003 or any offense constituting ‘‘specified unlawful activ-
ity’’ (as defined in section 1451). 
(2) An offense against a foreign nation, or any prop-
erty used to facilitate such an offense, if the offense— 
(A) involves the manufacture, importation, sale, or 
distribution of a controlled substance (as that term is 
defined for purposes of the controlled substances act), 
or any other conduct described in section 1451; 
(B) would be punishable within the jurisdiction of 
the foreign nation by death or imprisonment for a term 
exceeding one year; and 
(C) would be punishable under the laws of the 
United States by imprisonment for a term exceeding 
one year, if the conduct constituting the offense had oc-
curred within the jurisdiction of the United States. 
(3) A violation of— 
(A) section 654 (relating to Federal program 
fraud); 
(B) section 772 (relating to fraud and false state-
ments); 
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(C) section 788 (relating to major fraud against 
the United States); 
(D) section 789 (relating to concealment of assets 
from conservator or receiver of insured financial insti-
tution); 
(E) section 801 (relating to mail fraud); or 
(F) section 803 (relating to wire fraud), 
if such violation relates to the sale of assets acquired or 
held by the Resolution Trust Corporation, the Federal De-
posit Insurance Corporation, as conservator or receiver for 
a financial institution, or any other conservator for a finan-
cial institution appointed by the Office of the Comptroller 
of the Currency or the Office of Thrift Supervision or the 
National Credit Union Administration, as conservator or 
liquidating agent for a financial institution. 
(4) A violation of— 
(A) section 718 (altering or removing motor vehi-
cle 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 interstate commerce). 
(5) Any act of domestic or international terrorism (as 
defined in section 283) against the United States, citizens 
or residents of the United States, or their property. 
(6) A violation, of section 280. 
(c) APPLICATION TO OTHER CIVIL FORFEITURES.—Un-
less otherwise specified, whenever a law of the United States 
provides for civil forfeiture, this subchapter shall apply to that 
forfeiture. 
§ 2552. Procedure generally 
(a) SEIZURE AND PRELIMINARY MATTERS.— 
(1) Except as provided in section 2555, any property 
subject to forfeiture to the United States under section 
2551 may be seized by the Attorney General and, in the 
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case of property involved in a violation investigated by the 
Secretary of the Treasury or the United States Postal 
Service, the property may also be seized by the Secretary 
of the Treasury or the Postal Service, respectively. 
(2) Seizures under this section shall be made pursuant 
to a warrant obtained in the same manner as provided for 
a search warrant under the Federal Rules of Criminal Pro-
cedure, except that a seizure may be made without a war-
rant if— 
(A) a complaint for forfeiture has been filed in the 
United States district court and the court issued an arrest 
warrant in rem pursuant to the Supplemental Rules for 
Certain Admiralty and Maritime Claims; 
(B) there is probable cause to believe that the property 
is subject to forfeiture and— 
(i) the seizure is made pursuant to a lawful arrest 
or search; or 
(ii) another exception to the Fourth Amendment 
warrant requirement would apply; or 
(C) the property was lawfully seized by a State or local 
law enforcement agency and transferred to a Federal agen-
cy. 
(3) Notwithstanding rule 41(a) of the Federal Rules 
of Criminal Procedure, a seizure warrant may be issued 
pursuant to this subsection by a judicial officer in any dis-
trict in which a forfeiture action against the property may 
be filed under section 1355(b) of title 28, and may be exe-
cuted in any district in which the property is found, or 
transmitted to the central authority of any foreign state for 
service in accordance with any treaty or other international 
agreement. Any motion for the return of property seized 
under this section shall be filed in the district court in 
which the seizure warrant was issued or in the district 
court for the district in which the property was seized. 
(4)(A) If any person is arrested or charged in a for-
eign country in connection with an offense that would give 
rise to the forfeiture of property in the United States under 
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this section or under the Controlled Substances Act, the 
Attorney General may apply to any Federal judge or mag-
istrate judge in the district in which the property is located 
for an ex parte order restraining the property subject to 
forfeiture for not more than 30 days, except that the time 
may be extended for good cause shown at a hearing con-
ducted in the manner provided in rule 43(e) of the Federal 
Rules of Civil Procedure. 
(B) The application for the restraining order shall set 
forth the nature and circumstances of the foreign charges 
and the basis for belief that the person arrested or charged 
has property in the United States that would be subject to 
forfeiture, and shall contain a statement that the restrain-
ing order is needed to preserve the availability of property 
for such time as is necessary to receive evidence from the 
foreign country or elsewhere in support of probable cause 
for the seizure of the property under this subsection. 
(b) SECURING OF PROPERTY.—Property taken or detained 
under this section shall not be repleviable, but shall be deemed 
to be in the custody of the Attorney General, the Secretary of 
the Treasury, or the Postal Service, as the case may be, subject 
only to the orders and decrees of the court or the official hav-
ing jurisdiction thereof. Whenever property is seized under this 
subsection, the Attorney General, the Secretary of the Treas-
ury, or the Postal Service, as the case may be, may— 
(1) place the property under seal; 
(2) remove the property to a place designated by him; 
or 
(3) require that the General Services Administration 
take custody of the property and remove it, if practicable, 
to an appropriate location for disposition in accordance 
with law. 
(c) APPLICATION OF CUSTOMS LAWS.—For purposes of 
this section, the provisions of the customs laws relating to the 
seizure, summary and judicial forfeiture, condemnation of prop-
erty for violation of the customs laws, the disposition of such 
property or the proceeds from the sale of such property under 
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this section, the remission or mitigation 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 
such duties as are imposed upon the customs officer or any 
other person with respect to the seizure and forfeiture of prop-
erty 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 des-
ignated for that purpose by the Attorney General, the Secretary 
of the Treasury, or the Postal Service, as the case may be. The 
Attorney General shall have sole responsibility for disposing of 
petitions for remission or mitigation with respect to property 
involved in a judicial forfeiture proceeding. 
(d) RETENTION
OR TRANSFER
OF FORFEITED PROP-
ERTY.—Notwithstanding any other provision of the law, except 
section 3 of the Anti Drug Abuse Act of 1986, the Attorney 
General, the Secretary of the Treasury, or the Postal Service, 
as the case may be, is authorized to retain property forfeited 
pursuant to this section, or to transfer such property on such 
terms and conditions as the Attorney General may determine— 
(1) to any other Federal agency; 
(2) to any State or local law enforcement agency 
which participated directly in any of the acts which led to 
the seizure or forfeiture of the property; 
(3) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency— 
(A) to reimburse the agency for payments to 
claimants or creditors of the institution; and 
(B) to reimburse the insurance fund of the agency 
for losses suffered by the fund as a result of the receiv-
ership or liquidation; 
(4) in the case of property referred to in subsection 
(a)(1)(C), upon the order of the appropriate Federal finan-
cial institution regulatory agency, to the financial institu-
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tion as restitution, with the value of the property so trans-
ferred to be set off against any amount later recovered by 
the financial institution as compensatory damages in any 
State or Federal proceeding; 
(5) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency, to the extent of the agency’s contribution of re-
sources to, or expenses involved in, the seizure and for-
feiture, and the investigation leading directly to the seizure 
and forfeiture, of such property; 
(6) as restoration to any victim of the offense giving 
rise to the forfeiture, including, in the case of a money 
laundering offense, any offense constituting the underlying 
specified unlawful activity; or 
(7) In the case of property referred to in subsection 
(a)(1)(D), to the Resolution Trust Corporation, the Federal 
Deposit Insurance Corporation, or any other Federal finan-
cial institution regulatory agency (as defined in section 
8(e)(7)(D) of the Federal Deposit Insurance Act). 
The Attorney General, the Secretary of the Treasury, or the 
Postal Service, as the case may be, shall ensure the equitable 
transfer pursuant to paragraph (2) of any forfeited property to 
the appropriate State or local law enforcement agency so as to 
reflect generally the contribution of any such agency partici-
pating directly in any of the acts which led to the seizure or 
forfeiture of such property. A decision by the Attorney General, 
the Secretary of the Treasury, or the Postal Service pursuant 
to paragraph (2) shall not be subject to review. The United 
States shall not be liable in any action arising out of the use 
of any property the custody of which was transferred pursuant 
to this section to any non-Federal agency. The Attorney Gen-
eral, the Secretary of the Treasury, or the Postal Service may 
order the discontinuance of any forfeiture proceedings under 
this section in favor of the institution of forfeiture proceedings 
by State or local authorities under an appropriate State or local 
statute. After the filing of a complaint for forfeiture under this 
section, the Attorney General may seek dismissal of the com-
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plaint in favor of forfeiture proceedings under State or local 
law. Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, the United 
States may transfer custody and possession of the seized prop-
erty to the appropriate State or local official immediately upon 
the initiation of the proper actions by such officials. Whenever 
forfeiture proceedings are discontinued by the United States in 
favor of State or local proceedings, notice shall be sent to all 
known interested parties advising them of the discontinuance or 
dismissal. The United States shall not be liable in any action 
arising out of the seizure, detention, and transfer of seized 
property to State or local officials. The United States shall not 
be liable in any action arising out of a transfer under para-
graph (3), (4), or (5) of this subsection. 
(e) STAYS.— 
(1) Upon the motion of the United States, the court 
shall stay the civil forfeiture proceeding if the court deter-
mines that civil discovery will adversely affect the ability of 
the Government to conduct a related criminal investigation 
or the prosecution of a related criminal case. 
(2) Upon the motion of a claimant, the court shall 
stay the civil forfeiture proceeding with respect to that 
claimant if the court determines that— 
(A) the claimant is the subject of a related crimi-
nal investigation or case; 
(B) the claimant has standing to assert a claim in 
the civil forfeiture proceeding; and 
(C) continuation of the forfeiture proceeding will 
burden the right of the claimant against self-incrimina-
tion in the related investigation or case. 
(3) With respect to the impact of civil discovery de-
scribed in paragraphs (1) and (2), the court may determine 
that a stay is unnecessary if a protective order limiting dis-
covery would protect the interest of one party without un-
fairly limiting the ability of the opposing party to pursue 
the civil case. In no case, however, shall the court impose 
a protective order as an alternative to a stay if the effect 
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653 
of such protective order would be to allow one party to pur-
sue discovery while the other party is substantially unable 
to do so. 
(4) In this subsection, the terms ‘‘related criminal 
case’’ and ‘‘related criminal investigation’’ mean an actual 
prosecution or investigation in progress at the time at 
which the request for the stay, or any subsequent motion 
to lift the stay is made. In determining whether a criminal 
case or investigation is ‘‘related’’ to a civil forfeiture pro-
ceeding, the court shall consider the degree of similarity be-
tween the parties, witnesses, facts, and circumstances in-
volved in the two proceedings, without requiring an identity 
with respect to any one or more factors. 
(5) In requesting a stay under paragraph (1), the Gov-
ernment may, in appropriate cases, submit evidence ex 
parte in order to avoid disclosing any matter that may ad-
versely affect an ongoing criminal investigation or pending 
criminal trial. 
(6) Whenever a civil forfeiture proceeding is stayed 
pursuant to this subsection, the court shall enter any order 
necessary to preserve the value of the property or to protect 
the rights of lienholders or other persons with an interest 
in the property while the stay is in effect. 
(7) A determination by the court that the claimant has 
standing to request a stay pursuant to paragraph (2) shall 
apply only to this subsection and shall not preclude the 
Government from objecting to the standing of the claimant 
by dispositive motion or at the time of trial. 
(f) VENUE.—In addition to the venue provided for in sec-
tion 1395 of title 28 or any other provision of law, in the case 
of property of a defendant charged with a violation that is the 
basis for forfeiture of the property under this section, a pro-
ceeding for forfeiture under this section may be brought in the 
judicial district in which the defendant owning such property 
is found or in the judicial district in which the criminal pros-
ecution is brought. 
(g) DISPOSITION.— 
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(1) Whenever property is civilly or criminally forfeited 
under this subchapter, the Attorney General or the Sec-
retary of the Treasury, as the case may be, may transfer 
the forfeited personal property or the proceeds of the sale 
of any forfeited personal or real property to any foreign 
country which participated directly or indirectly in the sei-
zure or forfeiture of the property, if such a transfer— 
(A) has been agreed to by the Secretary of State; 
(B) is authorized in an international agreement 
between the United States and the foreign country; and 
(C) is made to a country which, if applicable, has 
been certified under section 481(h) of the Foreign As-
sistance Act of 1961. 
A decision by the Attorney General or the Secretary of the 
Treasury pursuant to this paragraph shall not be subject 
to review. The foreign country shall, in the event of a 
transfer of property or proceeds of sale of property under 
this subsection, bear all expenses incurred by the United 
States in the seizure, maintenance, inventory, storage, for-
feiture, and disposition of the property, and all transfer 
costs. The payment of all such expenses, and the transfer 
of assets pursuant to this paragraph, shall be upon such 
terms and conditions as the Attorney General or the Sec-
retary of the Treasury may, in his discretion, set. 
(2) This section does not limit or supersede any other 
authority of the United States to provide assistance to a 
foreign country in obtaining property related to a crime 
committed in the foreign country, including property which 
is sought as evidence of a crime committed in the foreign 
country. 
(3) A certified order or judgment of forfeiture by a 
court of competent jurisdiction of a foreign country con-
cerning property which is the subject of forfeiture under 
this section and was determined by such court to be the 
type of property described in subsection (a)(1)(B) of this 
section, and any certified recordings or transcripts of testi-
mony taken in a foreign judicial proceeding concerning 
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655 
such order or judgment of forfeiture, shall be admissible in 
evidence in a proceeding brought pursuant to this section. 
Such certified order or judgment of forfeiture, when admit-
ted into evidence, shall constitute probable cause that the 
property forfeited by such order or judgment of forfeiture 
is subject to forfeiture under this section and creates a re-
buttable presumption of the forfeitability of such property 
under this section. 
(4) A certified order or judgment of conviction by a 
court of competent jurisdiction of a foreign country con-
cerning an unlawful drug activity which gives rise to for-
feiture under this section and any certified recordings or 
transcripts of testimony taken in a foreign judicial pro-
ceeding concerning such order or judgment of conviction 
shall be admissible in evidence in a proceeding brought pur-
suant to this section. Such certified order or judgment of 
conviction, when admitted into evidence, creates a rebut-
table presumption that the unlawful drug activity giving 
rise to forfeiture under this section has occurred. 
(5) Paragraphs (3) and (4) do not limit the admissi-
bility of any evidence otherwise admissible, or the ability of 
the United States to establish probable cause that property 
is subject to forfeiture by any evidence otherwise admis-
sible. 
(h) DEFINITIONS.—As used in this section— 
(1) the term ‘‘Attorney General’’ means the Attorney 
General or his delegate; and 
(2) the term ‘‘Secretary of the Treasury’’ means the 
Secretary of the Treasury or his delegate. 
(i) INTERBANK ACCOUNTS.— 
(1) IN GENERAL.— 
(A) IN GENERAL.—For the purpose of a forfeiture 
under this section or under the Controlled Substances 
Act (21 U.S.C. 801 et seq.), if funds are deposited into 
an account at a foreign bank, and that foreign bank 
has an interbank account in the United States with a 
covered financial institution (as defined in section 
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656 
5318(j)(1) of title 31), the funds shall be deemed to 
have been deposited into the interbank account in the 
United States, and any restraining order, seizure war-
rant, or arrest warrant in rem regarding the funds may 
be served on the covered financial institution, and 
funds in the interbank account, up to the value of the 
funds deposited into the account at the foreign bank, 
may be restrained, seized, or arrested. 
(B) AUTHORITY
TO
SUSPEND.—The Attorney 
General, in consultation with the Secretary of the 
Treasury, may suspend or terminate a forfeiture under 
this section if the Attorney General determines that a 
conflict of law exists between the laws of the jurisdic-
tion in which the foreign bank is located and the laws 
of the United States with respect to liabilities arising 
from the restraint, seizure, or arrest of such funds, and 
that such suspension or termination would be in the in-
terest of justice and would not harm the national inter-
ests of the United States. 
(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE 
FUNDS.—If a forfeiture action is brought against funds 
that are restrained, seized, or arrested under paragraph 
(1), it shall not be necessary for the Government to estab-
lish that the funds are directly traceable to the funds that 
were deposited into the foreign bank, nor shall it be nec-
essary for the Government to rely on the application of sec-
tion 2554. 
(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If 
a forfeiture action is instituted against funds restrained, 
seized, or arrested under paragraph (1), the owner of the 
funds deposited into the account at the foreign bank may 
contest the forfeiture by filing a claim under section 2553. 
(4) DEFINITIONS.—For purposes of this subsection, 
the following definitions shall apply: 
(A) INTERBANK ACCOUNT.—The term ‘‘interbank 
account’’ has the same meaning as in section 
2554(c)(2)(B). 
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(B) OWNER.— 
(i) IN
GENERAL.—Except as provided in 
clause (ii), the term ‘‘owner’’— 
(I) means the person who was the owner, 
as that term is defined in section 2553(d)(6), 
of the funds that were deposited into the for-
eign bank at the time such funds were depos-
ited; and 
(II) does not include either the foreign 
bank or any financial institution acting as an 
intermediary in the transfer of the funds into 
the interbank account. 
(ii) EXCEPTION.—The foreign bank may be 
considered the ‘‘owner’’ of the funds (and no other 
person shall qualify as the owner of such funds) 
only if— 
(I) the basis for the forfeiture action is 
wrongdoing committed by the foreign bank; or 
(II) the foreign bank establishes, by a pre-
ponderance of the evidence, that prior to the 
restraint, seizure, or arrest of the funds, the 
foreign bank had discharged all or part of its 
obligation to the prior owner of the funds, in 
which case the foreign bank shall be deemed 
the owner of the funds to the extent of such 
discharged obligation. 
§ 2553. General rules for civil forfeiture pro-
ceedings 
(a) NOTICE; CLAIM; COMPLAINT.— 
(1)(A)(i) Except as provided in clauses (ii) through 
(v), in any nonjudicial civil forfeiture proceeding under a 
civil forfeiture statute, with respect to which the Govern-
ment is required to send written notice to interested par-
ties, such notice shall be sent in a manner to achieve prop-
er notice as soon as practicable, and in no case more than 
60 days after the date of the seizure. 
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(ii) No notice is required if, before the 60-day period 
expires, the Government files a civil judicial forfeiture ac-
tion against the property and provides notice of that action 
as required by law. 
(iii) If, before the 60-day period expires, the Govern-
ment does not file a civil judicial forfeiture action, but does 
obtain a criminal indictment containing an allegation that 
the property is subject to forfeiture, the Government shall 
either— 
(I) send notice within the 60 days and continue 
the nonjudicial civil forfeiture proceeding under this 
section; or 
(II) terminate the nonjudicial civil forfeiture pro-
ceeding, and take the steps necessary to preserve its 
right to maintain custody of the property as provided 
in the applicable criminal forfeiture statute. 
(iv) In a case in which the property is seized by a 
State or local law enforcement agency and turned over to 
a Federal law enforcement agency for the purpose of for-
feiture under Federal law, notice shall be sent not more 
than 90 days after the date of seizure by the State or local 
law enforcement agency. 
(v) If the identity or interest of a party is not deter-
mined until after the seizure or turnover but is determined 
before a declaration of forfeiture is entered, notice shall be 
sent to such interested party not later than 60 days after 
the determination by the Government of the identity of the 
party or the party’s interest. 
(B) A supervisory official in the headquarters office of 
the seizing agency may extend the period for sending notice 
under subparagraph (A) for a period not to exceed 30 days 
(which period may not be further extended except by a 
court), if the official determines that the conditions in sub-
paragraph (D) are present. 
(C) Upon motion by the Government, a court may ex-
tend the period for sending notice under subparagraph (A) 
for a period not to exceed 60 days, which period may be 
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further extended by the court for 60-day periods, as nec-
essary, if the court determines, based on a written certifi-
cation of a supervisory official in the headquarters office of 
the seizing agency, that the conditions in subparagraph (D) 
are present. 
(D) The period for sending notice under this para-
graph may be extended only if there is reason to believe 
that notice may have an adverse result, including— 
(i) endangering the life or physical safety of an in-
dividual; 
(ii) flight from prosecution; 
(iii) destruction of or tampering with evidence; 
(iv) intimidation of potential witnesses; or 
(v) otherwise seriously jeopardizing an investiga-
tion or unduly delaying a trial. 
(E) Each of the Federal seizing agencies conducting 
nonjudicial forfeitures under this section shall report peri-
odically to the Committees on the Judiciary of the House 
of Representatives and the Senate the number of occasions 
when an extension of time is granted under subparagraph 
(B). 
(F) If the Government does not send notice of a sei-
zure of property in accordance with subparagraph (A) to 
the person from whom the property was seized, and no ex-
tension of time is granted, the Government shall return the 
property to that person without prejudice to the right of 
the Government to commence a forfeiture proceeding at a 
later time. The Government shall not be required to return 
contraband or other property that the person from whom 
the property was seized may not legally possess. 
(2)(A) Any person claiming property seized in a non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute may file a claim with the appropriate official after 
the seizure. 
(B) A claim under subparagraph (A) may be filed not 
later than the deadline set forth in a personal notice letter 
(which deadline may be not earlier than 35 days after the 
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660 
date the letter is mailed), except that if that letter is not 
received, then a claim may be filed not later than 30 days 
after the date of final publication of notice of seizure. 
(C) A claim shall— 
(i) identify the specific property being claimed; 
(ii) state the claimant’s interest in such property; 
and 
(iii) be made under oath, subject to penalty of per-
jury. 
(D) A claim need not be made in any particular form. 
Each Federal agency conducting nonjudicial forfeitures 
under this section shall make claim forms generally avail-
able on request, which forms shall be written in easily un-
derstandable language. 
(E) Any person may make a claim under subpara-
graph (A) without posting bond with respect to the prop-
erty which is the subject of the claim. 
(3)(A) Not later than 90 days after a claim has been 
filed, the Government shall file a complaint for forfeiture 
in the manner set forth in the Supplemental Rules for Cer-
tain Admiralty and Maritime Claims or return the property 
pending the filing of a complaint, except that a court in the 
district in which the complaint will be filed may extend the 
period for filing a complaint for good cause shown or upon 
agreement of the parties. 
(B) If the Government does not— 
(i) file a complaint for forfeiture or return the 
property, in accordance with subparagraph (A); or 
(ii) before the time for filing a complaint has ex-
pired— 
(I) obtain a criminal indictment containing an 
allegation that the property is subject to forfeiture; 
and 
(II) take the steps necessary to preserve its 
right to maintain custody of the property as pro-
vided in the applicable criminal forfeiture statute, 
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661 
the Government shall promptly release the property pursu-
ant to regulations promulgated by the Attorney General, 
and may not take any further action to effect the civil for-
feiture of such property in connection with the underlying 
offense. 
(C) In lieu of, or in addition to, filing a civil forfeiture 
complaint, the Government may include a forfeiture allega-
tion in a criminal indictment. If criminal forfeiture is the 
only forfeiture proceeding commenced by the Government, 
the Government’s right to continued possession of the prop-
erty shall be governed by the applicable criminal forfeiture 
statute. 
(D) No complaint may be dismissed on the ground 
that the Government did not have adequate evidence at the 
time the complaint was filed to establish the forfeitability 
of the property. 
(4)(A) In any case in which the Government files in 
the appropriate United States district court a complaint for 
forfeiture of property, any person claiming an interest in 
the seized property may file a claim asserting such person’s 
interest in the property in the manner set forth in the Sup-
plemental Rules for Certain Admiralty and Maritime 
Claims, except that such claim may be filed not later than 
30 days after the date of service of the Government’s com-
plaint or, as applicable, not later than 30 days after the 
date of final publication of notice of the filing of the com-
plaint. 
(B) A person asserting an interest in seized property, 
in accordance with subparagraph (A), shall file an answer 
to the Government’s complaint for forfeiture not later than 
20 days after the date of the filing of the claim. 
(b) REPRESENTATION.— 
(1)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the person is rep-
resented by counsel appointed under section 3006A of this 
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662 
title in connection with a related criminal case, the court 
may authorize counsel to represent that person with respect 
to the claim. 
(B) In determining whether to authorize counsel to 
represent a person under subparagraph (A), the court shall 
take into account such factors as— 
(i) the person’s standing to contest the forfeiture; 
and 
(ii) whether the claim appears to be made in good 
faith. 
(2)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the property subject to 
forfeiture is real property that is being used by the person 
as a primary residence, the court, at the request of the per-
son, shall insure that the person is represented by an attor-
ney for the Legal Services Corporation with respect to the 
claim. 
(B)(i) At appropriate times during a representation 
under subparagraph (A), the Legal Services Corporation 
shall submit a statement of reasonable attorney fees and 
costs to the court. 
(ii) The court shall enter a judgment in favor of the 
Legal Services Corporation for reasonable attorney fees and 
costs submitted pursuant to clause (i) and treat such judg-
ment as payable under section 2465 of title 28, United 
States Code, regardless of the outcome of the case. 
(3) The court shall set the compensation for represen-
tation under this subsection, which shall be equivalent to 
that provided for court-appointed representation under sec-
tion 3006A of this title. 
(c) BURDEN
OF PROOF.—In a suit or action brought 
under any civil forfeiture statute for the civil forfeiture of any 
property— 
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(1) the burden of proof is on the Government to estab-
lish, by a preponderance of the evidence, that the property 
is subject to forfeiture; 
(2) the Government may use evidence gathered after 
the filing of a complaint for forfeiture to establish, by a 
preponderance of the evidence, that property is subject to 
forfeiture; and 
(3) if the Government’s theory of forfeiture is that the 
property was used to commit or facilitate the commission 
of a criminal offense, or was involved in the commission of 
a criminal offense, the Government shall establish that 
there was a substantial connection between the property 
and the offense. 
(d) INNOCENT OWNER DEFENSE.— 
(1) An innocent owner’s interest in property shall not 
be forfeited under any civil forfeiture statute. The claimant 
shall have the burden of proving that the claimant is an in-
nocent owner by a preponderance of the evidence. 
(2)(A) With respect to a property interest in existence 
at the time the illegal conduct giving rise to forfeiture took 
place, the term ‘‘innocent owner’’ means an owner who— 
(i) did not know of the conduct giving rise to for-
feiture; or 
(ii) upon learning of the conduct giving rise to the 
forfeiture, did all that reasonably could be expected 
under the circumstances to terminate such use of the 
property. 
(B)(i) For the purposes of this paragraph, ways in 
which a person may show that such person did all that rea-
sonably could be expected may include demonstrating that 
such person, to the extent permitted by law— 
(I) gave timely notice to an appropriate law en-
forcement agency of information that led the person to 
know the conduct giving rise to a forfeiture would 
occur or has occurred; and 
(II) in a timely fashion revoked or made a good 
faith attempt to revoke permission for those engaging 
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664 
in such conduct to use the property or took reasonable 
actions in consultation with a law enforcement agency 
to discourage or prevent the illegal use of the property. 
(ii) A person is not required by this subparagraph to 
take steps that the person reasonably believes would be 
likely to subject any person (other than the person whose 
conduct gave rise to the forfeiture) to physical danger. 
(3)(A) With respect to a property interest acquired 
after the conduct giving rise to the forfeiture has taken 
place, the term ‘‘innocent owner’’ means a person who, at 
the time that person acquired the interest in the prop-
erty— 
(i) was a bona fide purchaser or seller for value 
(including a purchaser or seller of goods or services for 
value); and 
(ii) did not know and was reasonably without 
cause to believe that the property was subject to for-
feiture. 
(B) An otherwise valid claim under subparagraph (A) 
shall not be denied on the ground that the claimant gave 
nothing of value in exchange for the property if— 
(i) the property is the primary residence of the 
claimant; 
(ii) depriving the claimant of the property would 
deprive the claimant of the means to maintain reason-
able shelter in the community for the claimant and all 
dependents residing with the claimant; 
(iii) the property is not, and is not traceable to, 
the proceeds of any criminal offense; and 
(iv) the claimant acquired his or her interest in 
the property through marriage, divorce, or legal separa-
tion, or the claimant was the spouse or legal dependent 
of a person whose death resulted in the transfer of the 
property to the claimant through inheritance or pro-
bate, 
except that the court shall limit the value of any real prop-
erty interest for which innocent ownership is recognized 
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under this subparagraph to the value necessary to maintain 
reasonable shelter in the community for such claimant and 
all dependents residing with the claimant. 
(4) Notwithstanding any provision of this subsection, 
no person may assert an ownership interest under this sub-
section in contraband or other property that it is illegal to 
possess. 
(5) If the court determines, in accordance with this 
section, that an innocent owner has a partial interest in 
property otherwise subject to forfeiture, or a joint tenancy 
or tenancy by the entirety in such property, the court may 
enter an appropriate order— 
(A) severing the property; 
(B) transferring the property to the Government 
with a provision that the Government compensate the 
innocent owner to the extent of his or her ownership 
interest once a final order of forfeiture has been en-
tered and the property has been reduced to liquid as-
sets; or 
(C) permitting the innocent owner to retain the 
property subject to a lien in favor of the Government 
to the extent of the forfeitable interest in the property. 
(6) In this subsection, the term ‘‘owner’’— 
(A) means a person with an ownership interest in 
the specific property sought to be forfeited, including a 
leasehold, lien, mortgage, recorded security interest, or 
valid assignment of an ownership interest; and 
(B) does not include— 
(i) a person with only a general unsecured in-
terest in, or claim against, the property or estate 
of another; 
(ii) a bailee unless the bailor is identified and 
the bailee shows a colorable legitimate interest in 
the property seized; or 
(iii) a nominee who exercises no dominion or 
control over the property. 
(e) MOTION TO SET ASIDE FORFEITURE.— 
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(1) Any person entitled to written notice in any non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute who does not receive such notice may file a motion 
to set aside a declaration of forfeiture with respect to that 
person’s interest in the property, which motion shall be 
granted if— 
(A) the Government knew, or reasonably should 
have known, of the moving party’s interest and failed 
to take reasonable steps to provide such party with no-
tice; and 
(B) the moving party did not know or have reason 
to know of the seizure within sufficient time to file a 
timely claim. 
(2)(A) Notwithstanding the expiration of any applica-
ble statute of limitations, if the court grants a motion 
under paragraph (1), the court shall set aside the declara-
tion of forfeiture as to the interest of the moving party 
without prejudice to the right of the Government to com-
mence a subsequent forfeiture proceeding as to the interest 
of the moving party. 
(B) Any proceeding described in subparagraph (A) 
shall be commenced— 
(i) if nonjudicial, within 60 days of the entry of 
the order granting the motion; or 
(ii) if judicial, within 6 months of the entry of the 
order granting the motion. 
(3) A motion under paragraph (1) may be filed not 
later than 5 years after the date of final publication of no-
tice of seizure of the property. 
(4) If, at the time a motion made under paragraph (1) 
is granted, the forfeited property has been disposed of by 
the Government in accordance with law, the Government 
may institute proceedings against a substitute sum of 
money equal to the value of the moving party’s interest in 
the property at the time the property was disposed of. 
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(5) A motion filed under this subsection shall be the 
exclusive remedy for seeking to set aside a declaration of 
forfeiture under a civil forfeiture statute. 
(f) RELEASE OF SEIZED PROPERTY.— 
(1) A claimant under subsection (a) is entitled to im-
mediate release of seized property if— 
(A) the claimant has a possessory interest in the 
property; 
(B) the claimant has sufficient ties to the commu-
nity to provide assurance that the property will be 
available at the time of the trial; 
(C) the continued possession by the Government 
pending the final disposition of forfeiture proceedings 
will cause substantial hardship to the claimant, such as 
preventing the functioning of a business, preventing an 
individual from working, or leaving an individual home-
less; 
(D) the claimant’s likely hardship from the contin-
ued possession by the Government of the seized prop-
erty outweighs the risk that the property will be de-
stroyed, damaged, lost, concealed, or transferred if it is 
returned to the claimant during the pendency of the 
proceeding; and 
(E) none of the conditions set forth in paragraph 
(8) applies. 
(2) A claimant seeking release of property under this 
subsection must request possession of the property from 
the appropriate official, and the request must set forth the 
basis on which the requirements of paragraph (1) are met. 
(3)(A) If not later than 15 days after the date of a 
request under paragraph (2) the property has not been re-
leased, the claimant may file a petition in the district court 
in which the complaint has been filed or, if no complaint 
has been filed, in the district court in which the seizure 
warrant was issued or in the district court for the district 
in which the property was seized. 
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(B) The petition described in subparagraph (A) shall 
set forth— 
(i) the basis on which the requirements of para-
graph (1) are met; and 
(ii) the steps the claimant has taken to secure re-
lease of the property from the appropriate official. 
(4) If the Government establishes that the claimant’s 
claim is frivolous, the court shall deny the petition. In re-
sponding to a petition under this subsection 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 petition 
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 require-
ments of paragraph (1) have been met, 
the district court shall order that the property be returned 
to the claimant, pending completion of proceedings by the 
Government to obtain forfeiture of the property. 
(7) If the court grants a petition under paragraph 
(3)— 
(A) the court may enter any order necessary to en-
sure that the value of the property is maintained while 
the forfeiture action is pending, including— 
(i) permitting the inspection, photographing, 
and inventory of the property; 
(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 main-
tain insurance on the subject property; and 
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(B) the Government may place a lien against the 
property or file a lis pendens to ensure that the prop-
erty is not transferred to another person. 
(8) This subsection shall not apply if the seized prop-
erty— 
(A) is contraband, currency, or other monetary in-
strument, or electronic funds unless such currency or 
other monetary instrument or electronic funds con-
stitutes the assets of a legitimate business which has 
been seized; 
(B) is to be used as evidence of a violation of the 
law; 
(C) by reason of design or other characteristic, is 
particularly suited for use in illegal activities; or 
(D) is likely to be used to commit additional crimi-
nal acts if returned to the claimant. 
(g) PROPORTIONALITY.— 
(1) The claimant under subsection (a)(4) may petition 
the court to determine whether the forfeiture was constitu-
tionally excessive. 
(2) In making this determination, the court shall com-
pare the forfeiture to the gravity of the offense giving rise 
to the forfeiture. 
(3) The claimant shall have the burden of establishing 
that the forfeiture is grossly disproportional by a prepon-
derance of the evidence at a hearing conducted by the court 
without a jury. 
(4) If the court finds that the forfeiture is grossly dis-
proportional 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 Constitu-
tion. 
(h) CIVIL FINE.— 
(1) In any civil forfeiture proceeding under a civil for-
feiture statute in which the Government prevails, if the 
court finds that the claimant’s assertion of an interest in 
the property was frivolous, the court may impose a civil 
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fine on the claimant of an amount equal to 10 percent of 
the value of the forfeited property, but in no event shall the 
fine be less than $250 or greater than $5,000. 
(2) Any civil fine imposed under this subsection 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, United States Code, in no event shall a prisoner 
file a claim under a civil forfeiture statute or appeal a judg-
ment in a civil action or proceeding based on a civil for-
feiture statute if the prisoner has, on three or more prior 
occasions, while incarcerated or detained 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 ex-
ceptional circumstances. 
(i) CIVIL FORFEITURE STATUTE DEFINED.—In this sec-
tion, the term ‘‘civil forfeiture statute’’— 
(1) means any provision of Federal law providing for 
the forfeiture of property other than as a sentence imposed 
upon conviction of a criminal offense; 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 Cosmetic Act 
(21 U.S.C. 301 et seq.); 
(D) the Trading with the Enemy Act (50 U.S.C. 
App. 1 et seq.) or the International Emergency Eco-
nomic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); 
or 
(E) section 1 of title VI of the Act of June 15, 
1917 (40 Stat. 233; 22 U.S.C. 401). 
(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 receiv-
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erships, appoint conservators, custodians, appraisers, ac-
countants, or trustees, or take any other action to seize, se-
cure, maintain, or preserve the availability of property sub-
ject to civil forfeiture— 
(A) upon the filing of a civil forfeiture complaint 
alleging that the property with respect to which the 
order is sought is subject to civil forfeiture; or 
(B) prior to the filing of such a complaint, if, after 
notice to persons appearing to have an interest in the 
property and opportunity for a hearing, the court de-
termines 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 juris-
diction of the court, or otherwise made unavailable 
for forfeiture; and 
(ii) the need to preserve the availability 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, unless ex-
tended by the court for good cause shown, or unless a com-
plaint described in paragraph (1)(A) has been filed. 
(3) A temporary restraining order under this sub-
section 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 prop-
erty, if the United States demonstrates that there is prob-
able cause to believe that the property with respect to 
which the order is sought is subject to civil forfeiture and 
that provision of notice will jeopardize the availability of 
the property for forfeiture. Such a temporary order shall 
expire not more than 10 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 exten-
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sion for a longer period. A hearing requested concerning an 
order entered under this paragraph shall be held at the ear-
liest possible time and prior to the expiration of the tem-
porary 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 Evi-
dence. 
§ 2554. Civil forfeiture of fungible property 
(a) GENERALLY.— 
(1) In any forfeiture action in rem in which the sub-
ject 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 Government 
to identify the specific property involved in the offense 
that is the basis for the forfeiture; and 
(B) it shall not be a defense that the property in-
volved in such an offense has been removed and re-
placed by identical property. 
(2) Except as provided in subsection (b), any identical 
property found in the same place or account as the property 
involved in the offense that is the basis for the forfeiture shall 
be subject to forfeiture under this section. 
(b) LIMITATION.—No action pursuant to this section 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 ac-
count unless the account holder knowingly engaged in the 
offense that is the basis for the forfeiture. 
(2) In this subsection— 
(A) the term ‘‘financial institution’’ includes a for-
eign bank (as defined in section 1(b)(7) of the Inter-
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673 
national Banking Act of 1978 (12 U.S.C. 3101(b)(7)); 
and 
(B) the term ‘‘interbank account’’ means an ac-
count held by one financial institution at another finan-
cial institution primarily for the purpose of facilitating 
customer transactions. 
(d) DISCLAIMER.—Nothing in this section limits the abil-
ity 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 for-
feiture. 
§ 2555. Civil forfeiture of real property 
(a) JUDICIAL FORFEITURES.—Notwithstanding any other 
provision of law, all civil forfeitures of real property and inter-
ests in real property shall proceed as judicial forfeitures. 
(b) PRELIMINARY MATTERS.— 
(1) Except as provided in this section— 
(A) real property that is the subject of a civil for-
feiture 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 property that is the subject 
of a pending forfeiture action. 
(2) The filing of a lis pendens and the execution of a 
writ of entry for the purpose of conducting an inspection 
and inventory of the property shall not be considered a sei-
zure under this subsection. 
(c) INITIATION.— 
(1) The Government shall initiate a civil forfeiture ac-
tion against real property by— 
(A) filing a complaint for forfeiture; 
(B) posting a notice of the complaint on the prop-
erty; and 
(C) serving notice on the property owner, along 
with a copy of the complaint. 
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(2) If the property owner cannot be served with the 
notice under paragraph (1) because the owner— 
(A) is a fugitive; 
(B) resides outside the United States and efforts 
at service pursuant to rule 4 of the Federal 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 located. 
(3) If real property has been posted in accordance 
with this subsection, it shall not be necessary for the court 
to issue an arrest warrant in rem, or to take any other ac-
tion to establish in rem jurisdiction 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 in-
tends 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 the property owner has a mean-
ingful opportunity to be heard; or 
(ii) makes an ex parte determination that 
there is probable cause for the forfeiture and that 
there are exigent circumstances that permit the 
Government to seize the property without prior no-
tice 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 Govern-
ment’s interests in preventing the sale, destruction, or con-
tinued unlawful use of the real property. 
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(e) POST-SEIZURE HEARING.—If the court authorizes a 
seizure of real property under subsection (d)(1)(B)(ii), it shall 
conduct a prompt post-seizure hearing during which the prop-
erty owner shall have an opportunity 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; 
(2) does not apply to forfeitures of the proceeds of the 
sale of such property or interests, or of money or other as-
sets intended to be used to acquire such property or inter-
ests; 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 commencement 
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, United States Code, 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 institution, as defined 
in section 5312(a) of title 31, United States Code, to produce 
books, records and any other documents at any place des-
ignated by the requesting party. All parties to the proceeding 
shall be notified of the issuance of any such subpoena. The pro-
cedures and limitations set forth in section 2555 of this title 
shall apply to subpoenas issued under this section. 
(b) SERVICE.—Service of a subpoena issued pursuant to 
this section shall be by certified mail. Records produced in re-
sponse to such a subpoena may be produced in person or by 
mail, common carrier, or such other method as may be agreed 
upon by the party requesting the subpoena and the custodian 
of records. The party requesting the subpoena may require the 
custodian of records to submit an affidavit certifying the au-
thenticity and completeness of the records and explaining the 
omission of any record called for in the subpoena. 
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(c) DISCOVERY.—Nothing in this section shall preclude 
any party from pursuing any form of discovery pursuant to the 
Federal Rules of Civil Procedure. 
(d) ACCESS TO RECORDS IN BANK SECRECY JURISDIC-
TIONS.— 
(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— 
(i) to any claim or to the ability of the Govern-
ment 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 claimant to 
waive the claimant’s rights under applicable financial 
secrecy laws, or to obtain the records so that such 
records can be made available notwithstanding such se-
crecy laws, 
the refusal of the claimant to provide the records in re-
sponse to a discovery request or to take the action nec-
essary otherwise to make the records available shall be 
grounds for judicial sanctions, up to and including dis-
missal of the claim with prejudice. 
(2) PRIVILEGE.—This subsection shall not affect the 
right of the claimant to refuse production on the basis of 
any privilege guaranteed by the Constitution of the United 
States or any other provision of Federal 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 SENTENCE.—The 
court, when imposing a sentence on a defendant convicted of 
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an offense described in subsection (b), shall order the defend-
ant forfeit to the United States all forfeitable property (as de-
fined in section 37) 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 institution, or 
(B) section 614, 692-695, 697-702, 712, 717, 
781, 783, 784, 861, 862, or 863; 
(C) section 654(a)(1) (relating to Federal program 
fraud); 
(D) section 772 (relating to fraud and false state-
ments); 
(E) section 788 (relating to major fraud against 
the United States); 
(F) section 789 (relating to concealment of assets 
from conservator, receiver, or liquidating agent of in-
sured financial institution); 
(G) section 801 (relating to mail fraud); or 
(H) section 803 (relating to wire fraud), 
involving the sale of assets acquired or held by the Resolu-
tion Trust Corporation, the Federal Deposit Insurance Cor-
poration, as conservator or receiver for a financial institu-
tion or any other conservator for a financial institution ap-
pointed by the Office of the Comptroller of the Currency 
or the Office of Thrift Supervision, or the National Credit 
Union Administration, as conservator or liquidating agent 
for a financial institution, shall order that the person for-
feit 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 violation. 
(5) a violation of— 
(A) section 718 (altering or removing motor vehi-
cle identification numbers); 
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(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 interstate commerce); 
(6) a violation of, or conspiracy to violate, section 
274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and 
Nationality Act or sections 311-316 of this title, or a viola-
tion of, or conspiracy to violate, section 783 of this title if 
committed in connection with passport or visa issuance or 
use 
(7) a Federal health care offense. 
(8) an offense under section 783, 786, 801, 802, 807, 
or 804. 
(9) an offense under section 213, 221 or 222. 
(10) a violation of section 301, 302, 303, or 320. 
(11) a violation of chapter 17. 
(12) a violation of section 631. 
(13) a violation of section 783, 786, or 794. 
(14) a violation of section 1307. 
(15) a violation of subchapter C of chapter 35. 
§ 2562. Procedures for criminal forfeiture 
(a) APPLICATION
OF
PROCEDURES.—Unless otherwise 
provided by law, the procedures set forth in this section govern 
any criminal forfeiture under a law of the United States. 
(b) THIRD PARTY TRANSFERS.—All right, title, and inter-
est in forfeitable vests in the United States upon the commis-
sion of the act giving rise to forfeiture under this subchapter. 
Any such property that is subsequently transferred 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 pur-
chase was reasonably without cause to believe that the property 
was subject to forfeiture under this section. 
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(c) REBUTTABLE PRESUMPTION.—There is a rebuttable 
presumption at trial that any property of a person convicted of 
a felony under chapter 17 is subject to forfeiture 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 reasonable time after 
such period; and 
(2) there was no likely source for such property other 
than the violation 
(d) PROTECTIVE ORDERS.— 
(1) WHEN ISSUED.—Upon application of the United 
States, the court may enter a restraining order or injunc-
tion, require the execution of a satisfactory 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 respect to which the order is sought would, in the 
event of conviction, be subject to forfeiture under this sec-
tion; or 
(B) prior to the filing of such an indictment or infor-
mation, if, after notice to persons appearing to have an in-
terest in the property and opportunity 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 prop-
erty being destroyed, removed from the jurisdiction of 
the court, or otherwise made unavailable for forfeiture; 
and 
(ii) the need to preserve the availability of the 
property through the entry of the requested order out-
weighs the hardship on any party against whom the 
order is to be entered. 
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(2) LENGTH.—An order entered pursuant to paragraph 
(1)(B) shall be effective for not more than 90 days, unless ex-
tended by the court for good cause shown or unless an indict-
ment or information described in paragraph (1)(A) has been 
filed. 
(3) EX PARTE.—A temporary restraining order under this 
subsection may be entered upon application of the United 
States without notice or opportunity for a hearing when an in-
formation or indictment 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 ten 
days after the date on which it is entered, unless extended for 
good cause shown or unless the party against whom it is en-
tered consents to an extension for a longer period. A hearing 
requested concerning an order entered under this paragraph 
shall be held at the earliest possible time and prior to the expi-
ration of the temporary order. 
(4) EVIDENCE.—The court may receive and consider, at a 
hearing held pursuant to this subsection, evidence and informa-
tion that would be inadmissible under the Federal Rules of Evi-
dence. 
(5) ORDER TO REPATRIATE AND DEPOSIT.— 
(A) IN GENERAL.—Pursuant to its authority to 
enter a pretrial restraining order under this section, the 
court may order a defendant to repatriate any property 
that may be seized and forfeited, and to deposit that 
property pending trial in the registry of the court, or 
with the United States Marshals Service or the Sec-
retary 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 re-
patriate property under subsection (o), shall be punish-
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able as a civil or criminal contempt of court, and may 
also result in an enhancement of the sentence of the 
defendant under the obstruction of justice provision of 
the Federal Sentencing Guidelines. 
(e) WARRANT
OF SEIZURE.—The Government may re-
quest the issuance of a warrant authorizing the seizure of prop-
erty 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 conviction, be subject to forfeiture and 
that an order under subsection (d) may not be sufficient to as-
sure the availability 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 forfeiture 
under this section, the court shall authorize the Attorney Gen-
eral 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 re-
straining orders or injunctions, require the execution of satis-
factory performance bonds, appoint receivers, conservators, ap-
praisers, accountants, or trustees, or take any other action to 
protect the interest of the United States in the property or-
dered forfeited. Any income accuring to or derived from prop-
erty ordered forfeited under this section may be used to offset 
ordinary and necessary expenses to the property which are re-
quired by law, or which are necessary to protect the interests 
of the United States or third parties. 
(g) DISPOSITION OF PROPERTY.—Following the seizure of 
property ordered forfeited under this section, the Attorney Gen-
eral shall direct the disposition of the property by sale of any 
other any other commercially feasible means, making due provi-
sion for the rights of any innocent persons. Any property right 
or interest not exercisable by, or transferable for value to, the 
United States shall expire and shall not revert to the defend-
ant, nor shall the defendant or any person acting in concert 
with or on the behalf of the defendant be eligible to purchase 
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forfeited 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 disposition of the prop-
erty pending the conclusion of any appeal of the criminal case 
giving rise to the forfeiture, if the applicant demonstrates that 
proceeding with the sale or disposition of the property will re-
sult in irreparable injury, harm, or loss to the applicant. 
(h) AUTHORITY OF THE ATTORNEY GENERAL.—With re-
spect to property ordered forfeited under this section, the At-
torney General is authorized to— 
(1) grant petitions for mitigation or remission of for-
feiture, 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 the provisions of this section; 
(2) compromise claims arising under this section; 
(3) award compensation to persons providing informa-
tion resulting in a forfeiture under this section; 
(4) direct the disposition by the United States, in ac-
cordance with section 511(e) of the Controlled Substances 
Act, of all property ordered forfeited under this section by 
public sale or any other commercially feasible means, mak-
ing 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 PROVISIONS.— 
Except to the extent that they are inconsistent with this sec-
tion, section 511(d) of the Controlled Substances Act applies 
to a criminal forfeiture under this section. 
(j) BAR ON INTERVENTION.—Except as provided in sub-
section (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 in-
volving the forfeiture of such property under this section; 
or 
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(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 for-
feiture under this section. 
(k) JURISDICTION
TO
ENTER
ORDERS.—The district 
courts of the United States shall have jurisdiction to enter or-
ders 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 identification 
and location of property declared forfeited and to facilitate the 
disposition of petitions for remission or mitigation 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 testimony of any witness relating to the 
property forfeited be taken by deposition and that any des-
ignated book, paper, document, record, recording, or other ma-
terial not privileged 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 di-
rect. The Government may also, to the extent practicable, pro-
vide direct written notice to any person known to have alleged 
an interest in the property that is the subject of the order of 
forfeiture as a substitute for published notice as to those per-
sons so notified. 
(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited 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 
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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 the property, the time 
and circumstances of the petitioner’s acquisition of the right, 
title, or interest in the property, and additional facts sup-
porting the petitioner’s claim, and the relief sought. 
(4) The hearing on the petition shall, to the extent prac-
ticable and consistent with the interests of justice, be held with-
in thirty days of the filing of the petition. The court may con-
solidate 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 rebuttal and in defense of 
this claim to the property and cross-examine witnesses who ap-
pear at the hearing, the court shall consider the relevant por-
tions of the record of the criminal case which resulted in the 
order of forfeiture. 
(6) If, after the hearing, the court determines that the pe-
titioner has established by a preponderance of the evidence 
that— 
(A) the petitioner has a legal right, title, or interest 
in the property, and such right, title, or interest renders 
the order of forfeiture invalid in whole or in part because 
the right, title, or interest was vested in the petitioner rath-
er than the defendant or was superior to any right, title, 
or interest of the defendant 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 
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that the property was subject to forfeiture under this sec-
tion; 
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 paragraph (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 subsequent purchaser or trans-
feree. 
(n) RULE OF CONSTRUCTION.—This section shall be lib-
erally construed to effectuate its remedial purposes. 
(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 
(1) IN GENERAL.—Paragraph (2) of this subsection 
shall apply, if any property described in subsection (a), as 
a result of any act or omission of the defendant— 
(A) cannot be located upon the exercise of due dili-
gence; 
(B) has been transferred or sold to, or deposited 
with, a third party; 
(C) has been placed beyond the jurisdiction of the 
court; 
(D) has been substantially diminished in value; or 
(E) has been commingled with other property 
which cannot be divided without difficulty. 
(2) SUBSTITUTE PROPERTY.—In any case described 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 ap-
plicable. 
(3) RETURN OF PROPERTY TO JURISDICTION.—In the 
case of property described in paragraph (1)(C), the court 
may, in addition to any other action authorized by this sub-
section, order the defendant to return the property to the 
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jurisdiction 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 defendant acted merely as 
an intermediary who handled but did not retain the prop-
erty 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 
transactions involving a total of $100,000 or more in any 
twelve month period. 
(p) SPECIAL RESTITUTION.—The court, when sentencing 
a defendant convicted of an offense under chapter 17 involving 
the manufacture, the possession, or the possession with intent 
to distribute, of amphetamine or methamphetamine, 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 concerned, or both 
the United States and the State or local government con-
cerned for the costs incurred by the United States or the 
State or local government concerned, as the case may be, 
for the cleanup associated with the manufacture of amphet-
amine or methamphetamine by the defendant, or on prem-
ises 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. 
Æ 
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