Civil Asset Forfeiture Reform Act of 2000
PL 106-185 (H.R.1658), enacted 04/25/2000

114 STAT. 202 
PUBLIC LAW 106-185—APR. 25, 2000 
Public Law 106-185 
106th Congress 
Apr. 25, 2000 
[H.R. 1658] 
Civil Asset 
Forfeiture 
Reform Act of 
2000. 
18 u s e 981 note. 
Deadlines. 
An Act 
To provide a more just and uniform procedure for Federal civil forfeitures, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Civil Asset 
Forfeiture Reform Act of 2000". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 
1. Short title; table of contents. 
Sec. 
2. Creation of general rules relating to civil forfeiture proceedings. 
Sec. 
3. Compensation for damage to seized property. 
Sec. 
4. Attorney fees, costs, and interest. 
Sec. 
5. Seizure warrant requirement. 
Sec. 
6. Use of forfeited funds to pay restitution to crime victims. 
Sec. 
7. Civil forfeiture of real property. 
Sec. 
8. Stay of civil forfeiture case. 
Sec. 
9. Civil restraining orders. 
Sec. 10. Cooperation among Federal prosecutors. 
Sec. 11. Statute of limitations for civil forfeiture actions. 
Sec. 12. Destruction or removal of property to prevent seizure. 
Sec. 13. Fungible propertv in bank accounts. 
Sec. 14. Fugitive disentitlement. 
Sec. 15. Enforcement of foreign forfeiture judgment. 
Sec. 16. Encouraging use of criminal forfeiture as an alternative to civil forfeiture. 
Sec. 17. Access to records in bank secrecyjurisdictions. 
Sec. 18. Application to alien smuggling offenses. 
Sec. 19. Enhanced visibility of the asset forfeiture program. 
Sec. 20. Proceeds. 
Sec. 21. Effective date. 
SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL FOR-
FEITURE PROCEEDINGS. 
(a) IN GENERAL.—Chapter 46 of title 18, United States Code, 
is amended by inserting after section 982 the following: 
"§ 983. General rules for civil forfeiture proceedings 
"(a) NOTICE; CLAIM; COMPLAINT.— 
"(l)(A)(i) Except as provided in clauses (ii) through (v), 
in any nonjudicial civil forfeiture proceeding under a civil for-
feiture statute, with respect to which the Government is 
required to send written notice to interested parties, such notice 
shall be sent in a manner to achieve proper notice as soon 
as practicable, and in no case more than 60 days after the 
date of the seizure. 
"(ii) No notice is required if, before the 60-day period 
expires, the Government files a civil judicial forfeiture action 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 203 
against the property and provides notice of that action as 
required by law. 
"(iii) If, before the 60-day period expires, the Government 
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 forfeiture 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 determined 
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 sifter the deter-
mination 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 subparagraph 
(D) are present. 
"(C) Upon motion by the Government, a court may extend 
the period for sending notice under subparagraph (A) for a 
period not to exceed 60 days, which period may be further 
extended by the court for 60-day periods, as necessary, if the 
court determines, based on a written certification of a super-
visory 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 paragraph 
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 indi-
vidual; 
"(ii) flight from prosecution; 
"(iii) destruction of or tampering with evidence; 
"(iv) intimidation of potential witnesses; or 
"(v) otherwise seriously jeopardizing an investigation 
or unduly delaying a trial. 
"(E) Each of the Federal seizing agencies conducting non-
judicial forfeitures under this section shall report periodically 
to the Committees on the Judiciary of the House of Representa-
tives 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 seizure 
of property in accordance with subparagraph (A) to the person 
from whom the property was seized, and no extension of time 
is granted, the Grovemment shall return the property to that 
person without prejudice to the right of the Government to 
114 STAT. 204 
PUBLIC LAW 106-185—APR. 25, 2000 
Regulations. 
commence a forfeiture proceeding at a later time. The Govern-
ment shall not be required to return contraband or other prop-
erty that the person from whom the property was seized may 
not legally possess. 
"(2)(A) Any person claiming property seized in a nonjudicial 
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 
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 
provide customary documentary evidence of such interest 
if available) and state that the claim is not frivolous; and 
"(iii) be made under oath, subject to penalty of perjury. 
"(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 available on 
request, which forms shall be written in easily understandable 
language. 
"(E) Any person may make a claim under subparagraph 
(A) without posting bond with respect to the property 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 Certain 
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 expired— 
"(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 provided in 
the applicable criminal forfeiture statute, 
the Government shall promptly release the property pursuant 
to regulations promulgated by the Attorney General, and may 
not take any further action to effect the civil forfeiture 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 allegation 
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 property 
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 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 205 
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 for-
feiture 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 Supplemental 
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 complaint or, as applicable, 
not later than 30 days after the date of final publication of 
notice of the filing of the complaint. 
"(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.— 
Courts. 
"(1)(A) If a person with standing to contest the forfeiture 
of property in a judicial civil forfeiture proceeding under a 
civil forfeiture statute is financially unable to obtain representa-
tion by counsel, and the person is represented by counsel 
appointed under section 3006A of this 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 rep-
resent 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 forfeiture 
of property in a judicial civil forfeiture proceeding under a 
civil forfeiture statute is financially unable to obtain representa-
tion by counsel, and the property subject to forfeiture is real 
property that is being used by the person as a primary resi-
dence, the court, at the request of the person, shall insure 
that the person is represented by an attorney 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 judgment 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 representation 
under this subsection, which shall be equivalent to that pro-
vided for court-appointed representation under section 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— 
"(1) the burden of proof is on the Government to establish, 
by a preponderance of the evidence, that the property is subject 
to forfeiture; 
114 STAT. 206 
PUBLIC LAW 106-185—APR. 25, 2000 
Courts. 
"(2) the Government may use evidence gathered after the 
fiUng of a complaint for forfeiture to establish, by a preponder-
ance 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 
innocent 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 forfeiture; 
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 aU. that reasonably 
could be expected may include demonstrating that such person, 
to the extent permitted by law— 
"(I) gave timely notice to an appropriate law enforce-
ment 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 in such 
conduct to use the property or took reasonable actions 
in consultation with a law enforcement agency to discour-
age 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 property— 
"(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 forfeiture. 
"(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 claim-
ant; 
"(ii) depriving the claimant of the property would 
deprive the claimant of the means to maintain reasonable 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 207 
shelter in the community for the claimant and all depend-
ents 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 separation, 
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 probate, 
except that the court shall limit the value of any real property 
interest for which innocent ownership is recognized 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 subsection 
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 other-
wise subject to forfeiture, or a joint tenancy or tenancy by 
the entirety in such property, the court may enter an appro-
priate order— 
"(A) severing the property; 
"(B) transferring the property to the Government with 
a provision that the Grovemment compensate the innocent 
owner to the extent of his or her ownership interest once 
a finsd order of forfeiture has been entered and the property 
has been reduced to liquid assets; or 
"(C) permitting the innocent owner to retain the prop-
erty 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 interest 
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.— 
Courts. 
"(1) Any person entitled to written notice in any nonjudicial 
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 partes interest and failed to take 
reasonable steps to provide such party with notice; and 
"(B) the moving party did not know or have reason 
to know of the seizure within sufficient time to file a 
timely claim. 
114 STAT. 208 
PUBLIC LAW 106-185—APR. 25, 2000 
"(2)(A) Notwithstanding the expiration of any applicable 
statute of limitations, if the court grants a motion under para-
graph (1), the court shall set aside the declaration of forfeiture 
as to the interest of the moving party without prejudice to 
the right of the Government to commence a subsequent for-
feiture proceeding as to the interest of the moving party. 
Deadlines. 
"(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 notice 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 equ^ 
to the value of the moving party's interest in the property 
at the time the property was disposed of. 
"(5) A motion filed under this subsection shall be the exclu-
sive remedy fon seeking to set aside a declaration of forfeiture 
under a civil forfeiture statute. 
"(f) RELEASE O F SEIZED PROPERTY.— 
"(1) A claimant under subsection (a) is entitled to imme-
diate release of seized property if— 
"(A) the claimant has a possessory interest in the 
property; 
"(B) the claimant has sufiicient ties to the community 
to provide assurance that the property will be available 
at the time of the trial; 
"(C) the continued possession by the Grovemment 
pending the final disposition of forfeiture proceedings will 
cause substantial hardship to the claimant, such as pre-
venting the functioning of a business, preventing an indi-
vidual from working, or leaving an individual homeless; 
"(D) the claimant's likely hardship from the continued 
possession by the Government of the seized property out-
weighs the risk that the property will be destroyed, dam-
aged, 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 released, 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. 
"(B) The petition described in subparagraph (A) shall set 
forth— 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 209 
"(i) the basis on which the requirements of paragraph 
(1) are met; and 
"(ii) the steps the claimant has taken to secure release 
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 responding 
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 Courts. 
under paragraph (3) not later than 30 days after the date Deadline, 
of the filing, unless such 30-day limitation is extended by 
consent of the parties or by the court for good cause shown. 
"(6) If— 
"(A) a petition is filed under paragraph (3); and 
"(B) the claimant demonstrates that the requirements 
of paragraph (1) have been met, 
the district court shall order that the property be returned 
to the claimant, pending completion of proceedings by the 
Government to obtain forfeiture of the property. 
*X7) If the court grants a petition under paragraph (3)— 
"(A) the court may enter any order necessary to ensure 
that the value of the property is maintained while the 
forfeiture action is pending, including— 
"(i) permitting the inspection, photographing, and 
inventory of the 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 cladmant to obtain or maintain 
insurance on the subject property; and 
"(B) the Government may place a lien against the 
property or file a lis pendens to ensure that the property 
is not transferred to another person. 
"(8) This subsection shall not apply if the seized property— 
"(A) is contraband, currency, or other 
monetary 
instrument, or electronic funds unless such currency or 
other monetary instrument or electronic funds constitutes 
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 criminal 
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 constitutionally 
excessive. 
"(2) In making this determination, the court shall compare 
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 preponderance 
114 STAT. 210 
PUBLIC LAW 106-185—APR. 25, 2000 
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 Constitution. 
"(h) CIVIL FINE.— 
"(1) In any civil forfeiture proceeding under a civil forfeiture 
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 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 judgment 
in a civil action or proceeding based on a civil forfeiture statute 
if the prisoner has, on three or more prior occasions, while 
incarcerated or 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 exceptional circumstances. 
"(i) CIVIL FORFEITURE STATUTE DEFINED.—In this section, 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 
"(EJ section 1 of title VI of the Act of June 15, 1917 
(40 Stat. 233; 22 U.S.C. 401).". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—^The analysis 
for chapter 46 of title 18, United States Code, is amended by 
inserting after the item relating to section 982 the following: 
"983. General rules for civil forfeiture proceedings.". 
(c) STRIKING SUPERSEDED PROVISIONS.— 
(1) CIVIL FORFEITURE.—Section 981(a) of title 18, United 
States Code, is amended— 
(A) in paragraph (1), by striking "Except as provided 
in paragraph (2), the" and inserting "The"; and 
(B) by striking paragraph (2). 
(2) DRUG FORFEITURES.—Paragraphs (4), (6), and (7) of 
section 511(a) of the Controlled Substances Act (21 U.S.C. 
881(a)(4), (6), and (7)) are each amended by striking ", except 
that" and all that follows before the period at the end. 
(3) AUTOMOBILES.—Section 518 of the Controlled Sub-
stances Act (21 U.S.C. 888) is repealed. 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 211 
(4) 
FORFEITURES IN CONNECTION WITH SEXUAL EXPLOI-
TATION OF CHILDREN.—Paragraphs (2) and (3) of section 2254(a) 
of title 18, United States Code, are each amended by striking 
", except that" and all that follows before the period at the 
end. 
(d) LEGAL SERVICES CORPORATION REPRESENTATION.—Section 
1007(a) of the Legal Services Corporation Act (42 U.S.C. 2996f(a)) 
is amended— 
(1) in paragraph (9), by striking "and" after the semicolon; 
(2) in paragraph (10), by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following: 
"(11) ensure that an indigent individual whose primary 
residence is subject to civil forfeiture is represented by an 
attorney for the Corporation in such civil action.". 
SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED PROPERTY. 
(a) TORT CLAIMS ACT.—Section 2680(c) of title 28, United States 
Code, is amended— 
(1) by striking "any goods or merchandise" and inserting 
"any goods, merchandise, or other property'; 
(2) by striking "law-enforcement" and inserting "law 
enforcement"; and 
(3) by inserting before the period at the end the following: 
", except that the provisions of this chapter and section 1346(b) 
of this title apply to any claim based on injury or loss of 
goods, merchandise, or other property, while in the possession 
of any officer of customs or excise or any other law enforcement 
officer, if— 
"(1) the property was seized for the purpose of forfeiture 
under any provision of Federal law providing for the forfeiture 
of property other than as a sentence imposed upon conviction 
of a criminal offense; 
"(2) the interest of the claimant was not forfeited; 
"(3) the interest of the claimant was not remitted or miti-
gated (if the property was subject to forfeiture); and 
"(4) the claimant was not convicted of a crime for which 
the interest of the claimant in the property was subject to 
forfeiture under a Federal criminal forfeiture law.". 
(b) DEPARTMENT OF JUSTICE.— 
3I use 3724 
(1) IN GENERAL.—^With respect to a claim that cannot be note, 
settled under chapter 171 of title 28, United States Code, 
the Attorney Greneral may settle, for not more than $50,000 
in any case, a claim for damage to, or loss of, privately owned 
property caused by an investigative or law enforcement officer 
(as defined in section 2680(h) of title 28, United States Code) 
who is employed by the Department of Justice acting within 
the scope of his or her emplo3nnent. 
(2) LIMITATIONS.—^The Attorney General may not pay a 
claim under paragraph (1) that— 
(A) is presented to the Attorney General more than 
1 year after it accrues; or 
(B) is presented by an officer or employee of the Federal 
Grovemment smd arose within the scope of employment. 
SEC. 4. ATTORNEY FEES, COSTS, AND INTEREST. 
(a) IN GENERAL.—Section 2465 of title 28, United States Code, 
is amended to read as follows: 
114 STAT. 212 
PUBLIC LAW 106-185—APR. 25, 2000 
"§ 2465. Return of property to claimant; liability for wrongful 
seizure; attorney fees, costs, and interest 
"(a) Upon the entry of a judgment for the claimant in any 
proceeding to condemn or forfeit property seized or arrested under 
any provision of Federal law— 
"(1) such property shall be returned forthwith to the claim-
ant or his agent; and 
"(2) if it appears that there was reasonable cause for the 
seizure or arrest, the court shall cause a proper certificate 
thereof to be entered and, in such case, neither the person 
who made the seizure or arrest nor the prosecutor shall be 
liable to suit or judgment on account of such suit or prosecution, 
nor shall the claimant be entitled to costs, except as provided 
in subsection (b). 
"(b)(1) Except as provided in paragraph (2), in any civil pro-
ceeding to forfeit property under any provision of Federal law 
in which the claimant substantially prevails, the United States 
shall be liable for— 
"(A) reasonable attorney fees and other litigation costs 
reasonably incurred by the claimant; 
"(B) post-judgment interest, as set forth in section 1961 
of this title; and 
"(C) 
in 
cases 
involving 
currency, 
other 
negotiable 
instruments, or the proceeds of an interlocutory sale— 
"(i) interest actually paid to the United States from 
the date of seizure or arrest of the property that resulted 
from the investment of the property in an interest-bearing 
account or instrument; and 
"(ii) an imputed amount of interest that such currency, 
instruments, or proceeds would have earned at the rate 
applicable to the 30-day Treasury Bill, for any period 
during which no interest was paid (not including any period 
when the property reasonably was in use as evidence in 
an official proceeding or in conducting scientific tests for 
the purpose of collecting evidence), commencing 15 days 
after the property was seized by a Federal law enforcement 
agency, or was turned over to a Federal law enforcement 
agency by a State or local law enforcement agency. 
"(2)(A) The United States shall not be required to disgorge 
the value of any intangible benefits nor m£ike any other pay-
ments to the claimant not specifically authorized by this sub-
section. 
"(B) The provisions of paragraph (1) shall not apply if 
the claimant is convicted of a crime for which the interest 
of the claimant in the property was subject to forfeiture under 
a Federal criminal forfeiture law. 
"(C) If there are multiple claims to the same property, 
the United States shall not be liable for costs and attorneys 
fees associated with any such claim if the United States— 
"(i) promptly recognizes such claim; 
"(ii) promptly returns the interest of the claimant in 
the property to the claimant, if the property can be divided 
without difficulty and there are no competing claims to 
that portion of the property; 
"(iii) does not cause the claimant to incur additional, 
reasonaJble costs or fees; and 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 213 
"(iv) prevails in obtaining forfeiture with respect to 
one or more of the other claims. 
"(D) If the court enters judgment in part for the claimant 
and in part for the Government, the court shall reduce the 
award of costs and attorney fees accordingly.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—^The analysis 
for chapter 163 of title 28, United States Code, is amended by 
striking the item relating to section 2465 and inserting the fol-
lowing: 
"2465. Return of property to claimant; liability for wrongful seizure; attorney fees, 
costs, and interest.". 
SEC. 5. SEIZURE WARRANT REQUIREMENT. 
(a) IN GENERAL.—Section 981(b) of title 18, United States Code, 
is amended to read as follows: 
"(b)(1) Except as provided in section 985, any property subject 
to forfeiture to the United States under subsection (a) may be 
seized by the Attorney General and, in the 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 pursuant to 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 Procedure, except 
that a seizure may be made without a warrant 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 war-
. rant requirement would apply; or 
"(C) the property was lawfully seized by a State or local 
law enforcement agency and transferred to a Federal agency. 
"(3) Notwithstanding the provisions of 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 district 
in which a forfeiture action agEunst the property may be filed 
under section 1355(b) of title 28, and may be executed 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 foreign country 
in connection with an offense that would give rise to the forfeiture 
of property in the United States under this section or under the 
Controlled Substances Act, the Attorney General may apply to 
any Federal judge or magistrate 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 conducted 
114 STAT. 214 
PUBLIC LAW 106-185—APR. 25, 2000 
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 restraining 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 prob-
able cause for the seizure of the property under this subsection.". 
(b) DRUG FORFEITURES.—Section 511(b) of the Controlled Sub-
stances Act (21 U.S.C. 881(b)) is amended to read as follows: 
"(b) SEIZURE PROCEDURES.—^Any property subject to forfeiture 
to the United States under this section may be seized by the 
Attorney Greneral in the manner set forth in section 981(b) of 
title 18, United States Code.". 
SEC. 6. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME 
VICTIMS. 
Section 981(e) of title 18, United States Code, is amended 
by striking paragraph (6) and inserting the following: 
"(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 unlaw-
ful activity; or". 
SEC. 7. CIVIL FORFEITURE OF REAL PROPERTY. 
(a) IN GENERAL.—Chapter 46 of title 18, United States Code, 
is amended by inserting after section 984 the following: 
"§ 985. Civil forfeiture of real property 
"(a) Notwithstanding any other provision of law, all civil forfeit-
ures of real property and interests in real property shall proceed 
as judicial forfeitures. 
"(b)(1) Except as provided in this section— 
"(A) real property that is the subject of a civil forfeiture 
action shall not be seized before entry of an order of for-
feiture; and 
"(B) the owners or occupants of the real property shall 
not be evicted from, or otherwise deprived of the use and 
enjojnnent 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 seizure 
under this subsection. 
"(c)(1) The Grovemment shall initiate a civil forfeiture action 
against real property by— 
"(A) filing a complaint for forfeiture; 
"(B) posting a notice of the complaint on the property; 
and 
"(C) serving notice on the property owner, along with a 
copy of the complaint. 
"(2) If the property owner cannot be served with the notice 
under paragraph (1) because the owner— 
"(A) is a fugitive; 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 215 
"(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 action to establish 
in rem jurisdiction over the property. 
"(d)(1) Real property may be seized prior to the entry of an 
order of forfeiture if— 
"(A) the Government notifies the court that it intends to 
seize the property before trial; and 
"(B) the court— 
"(i) issues a notice of application for warrant, causes 
the notice to be served on the property owner and posted 
on the property, and conducts a hearing in which the 
property owner has a meaningful 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 notice and an opportunity for the 
property owner to be heard. 
"(2) For purposes of paragraph (l)(B)(ii), to establish exigent 
circumstances, the Grovemment shall show that less restrictive 
measures such as a lis pendens, restraining order, or bond would 
not suffice to protect the Government's interests in preventing 
the sale, destructioif, or continued unlawful use of the real property. 
"(e) If the court authorizes a seizure of real property under 
subsection (d)(l)(B)(ii), it shall conduct a prompt post-seizure 
hearing during which the property owner shall have an opportunity 
to contest the basis for the seizure. 
"(f) 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 assets 
intended to be used to acquire such property or interests; 
and 
"(3) shall not affect the authority of the court to enter 
a restraining order relating to real property.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—^The analysis 
for chapter 46 of title 18, United States Code, is amended by 
inserting after the item relating to section 984 the following: 
"985. Civil forfeiture of real property.". 
SEC. 8. STAY OF CIVIL FORFEITirRE CASE. 
(a) IN GENERAL.—Section 981(g) of title 18, United States Code, 
is amended to read as follows: 
"(g)(1) Upon the motion of the United States, the court shall 
stay the civil forfeiture proceeding if the court determines 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. 
Applicability. 
Courts. 
114 STAT. 216 
PUBLIC LAW 106-185—APR. 25, 2000 
Applicability. 
Applicability. 
"(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 criminal inves-
tigation 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-incrimination in the 
related investigation or case. 
"(3) With respect to the impact of civil discovery described 
in paragraphs (1) and (2), the court may determine that a stay 
is unnecessary if a protective order limiting discovery would protect 
the interest of one party without unfairly 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 of such protective order would be to allow one 
party to pursue 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 inves-
tigation 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 for-
feiture proceeding, the court shall consider the degree of similarity 
between the parties, witnesses, facts, and circumstances involved 
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 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. 
"(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 Grovemment 
from objecting to the standing of the claimant by dispositive motion 
or at the time of trial.". 
(b) DRUG FORFEITURES.—Section 511(i) of the Controlled Sub-
stances Act (21 U.S.C. 881(i)) is amended to read as follows: 
"(i) The provisions of section 981(g) of title 18, United States 
Code, regarding the stay of a civil forfeiture proceeding shall apply 
to forfeitures under this section.". 
SEC. 9. CIVIL RESTRAINING ORDERS. 
Section 983 of title 18, United States Code, as added by this 
Act, is amended by adding at the end the following: 
"(j) RESTRAINING ORDERS; PROTECTIVE ORDERS.— 
"(1) Upon application of the United States, the court may 
enter a restraining order or injunction, require the execution 
of satisfactory performance bonds, create receiverships, appoint 
conservators, custodians, appraisers, accountants, or trustees. 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 217 
or take any other action to seize, secure, maintain, or preserve 
the availability of property subject 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 deter-
mines that— 
"(i) there is a substantial probability that the 
United States will prevail on the issue of forfeiture 
and that failure to enter the order will result in the 
property being destroyed, removed from the jurisdiction 
of the court, or otherwise made unavailable for for-
feiture; £ind 
"(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. 
**(2) An order entered pursuant to paragraph (1)(B) shall 
be effective for not more than 90 days, unless extended by 
the court for good cause shown, or unless a complaint described 
in paragraph (1)(A) has been filed. 
"(3) A temporary restraining order under this subsection 
may be entered upon application of the United States without 
notice or opportunity for a hearing when a complaint has not 
yet been filed with respect to the property, if the United States 
demonstrates that there is probaole 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 Expiration date, 
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 extension for a longer period. A hearing requested con-
cerning an order entered under this paragraph shall be held 
at the earliest possible time and prior to the expiration of 
the temporary order. 
"(4) The court may receive and consider, at a hearing 
held pursuant to this subsection, evidence and information 
that would be inadmissible under the Federal Rules of Evi-
dence.". 
SEC. 10. COOPERATION AMONG FEDERAL PROSECUTORS. 
Section 3322(a) of title 18, United States Code, is amended— 
(1) by striking "civil forfeiture under section 981 of title 
18, United States Code, of property described in section 
981(a)(lXC) of such title" and inserting "any civil forfeiture 
provision of Federal law"; and 
(2) by striking "concerning a banking law violation". 
SEC. 11. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE ACTIONS. 
Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is 
amended by inserting ", or in the case of forfeiture, within 2 
years after the time when the involvement of the property in 
the alleged offense was discovered, whichever was later" after 
"within five years after the time when the alleged offense was 
discovered". 
114 STAT. 218 
PUBLIC LAW 106-185—APR. 25, 2000 
SEC. 12. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT 
SEIZURE. 
Section 2232 of title 18, United States Code, is amended— 
(1) by striking subsections (a) and (b); 
(2) 
by 
inserting "(e) 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE.—" before "Whoever, having knowledge that a Federal 
officer"; 
(3) by redesignating subsection (c) as subsection (d); and 
(4) by inserting before subsection (d), as redesignated, the 
following: 
"(a) DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEI-
ZURE.—^Whoever, before, during, or after any search for or seizure 
of property by any person authorized to make such search or seizure, 
knowingly destroys, damages, wastes, disposes of, transfers, or 
otherwise takes any action, or knowingly attempts to destroy, dam-
age, waste, dispose of, transfer, or otherwise take any action, for 
the purpose of preventing or impairing the Government's lawful 
authority to take such property into its custody or control or to 
continue holding such property under its lawful custody and control, 
shall be fined under this title or imprisoned not more than 5 
years, or both. 
"(b) IMPAIRMENT OF IN REM JURISDICTION.—^Whoever, knowing 
that property is subject to the in rem jurisdiction of a United 
States court for purposes of civil forfeiture under Federal law, 
knowingly and without authority from that court, destroys, dam-
ages, wastes, disposes of, transfers, or otherwise takes any action, 
or knowingly attempts to destroy, dsimage, waste, dispose of, 
transfer, or otherwise take any action, for the purpose of impairing 
or defeating the court's continuing in rem jurisdiction over the 
property, shall be fined under this title or imprisoned not more 
than 5 years, or both. 
"(c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE WARRANT 
OR WARRANT OF ARREST IN REM.—^Whoever, having knowledge that 
any person authorized to make searches and seizures, or to execute 
a seizure warrant or warrsmt of arrest in rem, in order to prevent 
the authorized seizing or securing of any person or property, gives 
notice or attempts to give notice in advance of the search, seizure, 
or execution of a seizure warrant or warrant of arrest in rem, 
to any person shall be fined under this title or imprisoned not 
more than 5 years, or both.". 
SEC. 13. FUNGIBLE PROPERTY IN BANK ACCOUNTS. 
(a) IN GENERAL.—Section 984 of title 18, United States Code, 
is amended— 
(1) by striking subsection (a) and redesignating subsections 
(b), (c), and (d) as subsections (a), (b), and (c), respectively; 
(2) in subsection (a), as redesignated— 
(A) by striking "or other fungible propert}^' and 
inserting "or precious metals"; and 
(B) in paragraph (2), by striking "subsection (c)" and 
inserting "subsection (b)"; 
(3) in subsection (c), as redesignated— 
(A) by striking paragraph (1) and inserting the fol-
lowing: "(1) Subsection (a) does not apply to an action 
against funds held by a financial institution in an interbank 
account unless the account holder knowingly engaged in 
the offense that is the basis for the forfeiture."; and 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 219 
(B) in paragraph (2), by striking "(2) As used in this 
section, the term" and inserting the following: 
"(2) In this subsection— 
"(A) the term 'financial institution' includes a foreigri bank 
(as defined in section 1(b)(7) of the International Banking Act 
of 1978 (12 U.S.C. 3101(b)(7))); and 
"(B) the term"; and 
(4) by adding at the end the following: 
"(d) Nothing in this section may be construed to limit the 
ability of the Grovernment to forfeit property under any provision 
of law if the property involved in the offense giving rise to the 
forfeiture or property traceable thereto is available for forfeiture.". 
SEC. 14. FUGITIVE DISENTITLEMENT. 
(a) IN GENERAL.—Chapter 163 of title 28, United States Code, 
is amended by adding at the end the following: 
''§ 2466. Fugitive disentitlement 
"A judicial officer may disallow a person from using the 
resources of the courts of the United States in furtherance of 
a claim in any related civil forfeiture action or a clsdm in third 
party proceedings in any related criminal forfeiture action upon 
a finding that such person— 
"(1) after notice or knowledge of the fact that a warrant 
or process has been issued for his apprehension, in order to 
avoid criminal prosecution— 
"(A) purposely leaves the jurisdiction of the United 
States; 
"(B) declines to enter or reenter the United States 
to submit to its jurisdiction; or 
"(C) otherwise evades the jurisdiction of the court in 
which a criminal case is pending against the person; and 
"(2) is not confined or held in custody in any other jurisdic-
tion for commission of criminal conduct in that jurisdiction.". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 163 
of title 28, United States Code, is amended by adding at the end 
the following: 
"2466. Fugitive disentitlement". 
(c) EFFECTIVE DATE.—^The amendments made by this section Applicability, 
shall apply to any case pending on or after the date of the enactment 
28 USC 2466 
of this Act. 
°°*«-
SEC. 15. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENT. 
(a) IN GENERAL.—Chapter 163 of title 28, United States Code, 
is amended by adding at the end the following: 
*
*
§ 2467. Enforcement of foreign judgment 
"(a) DEFINITIONS.—In this section— 
"(1) the term 'foreign nation' means a country that has 
become a party to the United Nations Convention AgEiinst 
Illicit Traffic in Narcotic Drugs and Psychotropic Substances 
(referred to in this section as the 'United Nations Convention') 
or a foreign jurisdiction with which the United States has 
a treaty or other formal international agreement in effect pro-
viding for mutual forfeiture assistance; and 
"(2) the term 'forfeiture or confiscation judgment' means 
a final order of a foreign nation compelling a person or entity— 
114 STAT. 220 
PUBLIC LAW 106-185—APR. 25, 2000 
"(A) to pay a sum of money representing the proceeds 
of an offense described in Article 3, Paragraph 1, of the 
United 
Nations 
Convention, or any foreign 
offense 
described in section 1956(c)(7)(B) of title 18, or property 
the value of which corresponds to such proceeds; or 
"(B) to forfeit property involved in or traceable to the 
commission of such offense. 
"(b) REVIEW BY ATTORNEY GENERAL.— 
"(1) IN GENERAL.—A foreign nation seeking to have a for-
feiture or confiscation judgment registered and enforced by 
a district court of the United States under this section shall 
first submit a request to the Attorney Greneral or the designee 
of the Attorney Greneral, which request shall include— 
"(A) a summary of the facts of the case and a descrip-
tion of the proceedings that resulted in the forfeiture or 
confiscation judgment; 
"(B) certified copy of the forfeiture or confiscation judg-
ment; 
"(C) an affidavit or sworn declaration establishing that 
the defendant received notice of the proceedings in suffi-
cient time to enable the defendant to defend against the 
charges and that the judgment rendered is in force and 
is not subject to appeal; and 
"(D) such additional information and evidence as may 
be required by the Attorney General or the designee of 
the Attorney General. 
"(2) CERTIFICATION OF REQUEST.—^The Attorney General 
or the designee of the Attorney General shall determine 
whether, in the interest of justice, to certify the request, and 
such decision shall be final and not subject to either judicial 
review or review under subchapter II of chapter 5, or chapter 
7, of title 5 (commonly known as the 'Administrative Procedure 
Act'). 
,"(c) JURISDICTION AND VENUE.— 
"(1) IN GENERAL.—If the Attorney Greneral or the designee 
of the Attorney General certifies a request under subsection 
(b), the United States may file an application on behalf of 
a foreign nation in district court of the United States seeking 
to enforce the foreign forfeiture or confiscation judgment as 
if the judgment had been entered by a court in the United 
States. 
"(2) PROCEEDINGS.—In a proceeding filed under paragraph 
( 1 ) -
"(A) the United States shall be the applicant and the 
defendant or another person or entity affected by the for-
feiture or confiscation judgment shall be the respondent; 
"(B) venue shall lie in the district court for the District 
of Columbia or in any other district in which the defendant 
or the property that may be the basis for satisfaction of 
a judgment under this section may be found; and 
"(C) the district court shall have personal jurisdiction 
over a defendant residing outside of the United States 
if the defendant is served with process in accordance with 
rule 4 of the Federal Rules of Civil Procedure. 
"(d) ENTRY AND ENFORCEMENT OF JUDGMENT.— 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 221 
"(1) IN GENERAL.—^The district court shall enter such orders Courts, 
as may be necessary to enforce the judgment on behalf of 
the foreign nation unless the court finds that— 
"(A) the judgment was rendered under a system that 
provides tribunals or procedures incompatible with the 
requirements of due process of law; 
"(B) the foreign court lacked personal jurisdiction over 
the defendant; 
"(C) the foreign court lacked jurisdiction over the sub-
ject matter; 
"(D) the defendant in the proceedings in the foreign 
court did not receive notice of the proceedings in sufficient 
time to enable him or her to defend; or 
"(E) the judgment was obtained by fraud. 
"(2) PROCESS.—Process to enforce a judgment under this 
section shall be in accordance with rule 69(a) of the Federal 
Rules of Civil Procedure. 
"(e) FINALITY OF FOREIGN FINDINGS.—In entering orders to Courts. 
enforce the judgment, the court shall be bound by the findings 
of fact to the extent that they are stated in the foreign forfeiture 
or confiscation judgment. 
"(f) CURRENCY CONVERSION.—The rate of exchange in effect 
at the time the suit to enforce is filed by the foreign nation shall 
be used in calculating the amount stated in any forfeiture or confis-
cation judgment requiring the payment of a sum of money submitted 
for registration.". 
(b) CONFORMING AMENDMENT.—^The analysis for chapter 163 
of title 28, United States Code, is amended by adding at the end 
the following: 
"2467. Enforcement of foreign judgment.". 
SEC. 16. ENCOURAGING USE OF CRIMINAL FORFEITURE AS AN ALTER-
NATIVE TO CIVIL FORFEITURE. 
Section 2461 of title 28, United States Code, is amended by 
adding at the end the following: 
"(c) If a forfeiture of property is authorized in connection with Courts. 
a violation of an Act of Congress, and any person is charged in 
an indictment or information with such violation but no specific 
statutory provision is made for criminal forfeiture upon conviction, 
the Government may include the forfeiture in the indictment or 
information in accordance with the Federal Rules of Criminal Proce-
dure, and upon conviction, the court shall order the forfeiture 
of the property in accordance with the procedures set forth in 
section 413 of the Controlled Substances Act (21 U.S.C. 853), other 
than subsection (d) of that section.". 
SEC. 17. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS. 
Section 986 of title 18, United States Code, is amended by 
adding at the end the following: 
"(d) ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.— 
"(1) IN GENERAL.—In any civil forfeiture case, or in any 
ancillary proceeding in any criminal forfeiture case governed 
by section 413(n) of the Controlled Substances Act (21 U.S.C. 
853(n)), in which— 
"(A) financial records located in a foreign country may 
be material— 
79-194 O - 00 - 9: QL 3 Part 1 
114 STAT. 222 
PUBLIC LAW 106-185—APR. 25, 2000 
"(i) to any claim or to the ability of the Grovernment 
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 secrecy laws, 
the refusal of the claimant to provide the records in response 
to a discovery request or to take the action necessary otherwise 
to make the records available shall be grounds for judicial 
sanctions, up to and including dismissal 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.". 
SEC. 18. APPLICATION TO ALIEN SMUGGUNG OFFENSES. 
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.— 
Section 274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended to read as follows: 
"(b) SEIZURE AND FORFEITURE.— 
"(1) IN GENERAL.—^Any conveyance, including any vessel, 
vehicle, or aircraft, that has been or is being used in the 
commission of a violation of subsection (a), the gross proceeds 
of such violation, and any property traceable to such conveyance 
or proceeds, shall be seized and subject to forfeiture. 
"(2) APPLICABLE PROCEDURES.—Seizures and 
forfeitures 
under this subsection shall be governed by the provisions of 
chapter 46 of title 18, United States Code, relating to civil 
forfeitures, including section 981(d) of such title, except that 
such duties as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section shall be 
performed by such officers, agents, and other persons as may 
be designated for that purpose by the Attorney General. 
"(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLA-
TIONS.—In determining whether a violation of subsection (a) 
has occurred, any of the following shall be prima facie evidence 
that an alien involved in the alleged violation had not received 
prior official authorization to come to, enter, or reside in the 
United States or that such alien had come to, entered, or 
remained in the United States in violation of law: 
"(A) Records of any judicial or administrative pro-
ceeding in which that alien's status was an issue and 
in which it was determined that the alien had not received 
prior official authorization to come to, enter, or reside in 
the United States or that such alien had come to, entered, 
or remained in the United States in violation of law. 
"(B) Official records of the Service or of the Department 
of State showing that the alien had not received prior 
official authorization to come to, enter, or reside in the 
United States or that such alien had come to, entered, 
or remained in the United States in violation of law. 
"(C) Testimony, by an immigration officer having per-
sonal knowledge of the facts concerning that alien's status. 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 223 
that the aUen had not received prior official authorization 
to come to, enter, or reside in the United States or that 
such ahen had come to, entered, or remained in the United 
States in violation of law.". 
(b) 
TECHNICAL 
CORRECTIONS TO EXISTING 
CRIMINAL 
FOR-
FEITURE AUTHORITY.—Section 982(a)(6) of title 18, United States 
Code, is amended— 
(1) in subparagraph (A)— 
(A) by inserting 
"section 
274(a), 274A(a)(l), 
or 
274A(a)(2) of the Immigration and Nationality Act or" 
before "section 1425" the first place it appears; 
(B) in clause (i), by striking "a violation of, or a con-
spiracy to violate, subsection (a)" and inserting "the offense 
of which the person is convicted"; and 
(C) in subclauses (I) and (II) of clause (ii), by striking 
"a violation of, or a conspiracy to violate, subsection (a)" 
and all that follows through "of this title" each place it 
appears and inserting "the offense of which the person 
is convicted"; 
(2) by striking subparagraph (B); and 
(3) in the second sentence— 
(A) by striking "The court, in imposing sentence on 
such person" and inserting the following: 
"(B) The court, in imposing sentence on a person described 
in subparagraph (A)"; and 
(B) by striking "this subparagraph" and inserting "that 
subparagraph". 
SEC. 19. ENHANCED VISIBILITY OF THE ASSET FORFEITURE PROGRAM. 
Section 524(c)(6) of title 28, United States Code, is amended 
to read as follows: 
"(6)(A) The Attorney General shall transmit to Congress and 
make available to the public, not later than 4 months after the 
end of each fiscal year, detailed reports for the prior fiscal year 
as follows: 
"(i) A report on total deposits to the Fund by State of 
deposit. 
"(ii) A report on total expenses paid from the Fund, by 
category of expense and recipient agency, including equitable 
sharing payments. 
"(iii) A report describing the number, value, and types 
of properties placed into official use by Federal agencies, by 
recipient agency. 
"(iv) A report describing the number, value, and types 
of properties transferred to State and local law enforcement 
agencies, by recipient agency. 
"(v) A report, by type of disposition, describing the number, 
value, and types of forfeited property disposed of during the 
year. 
"(vi) A report on the year-end inventory of property under 
seizure, but not yet forfeited, that reflects the type of property, 
its estimated value, and the estimated value of liens and mort-
gages outstanding on the property. 
"(vii) A report listing each property in the year-end inven-
tory, not yet forfeited, with an outstanding equity of not less 
than $1,000,000. 
Public 
information. 
Deadlines. 
Reports. 
114 STAT. 224 
PUBLIC LAW 106-185—APR. 25, 2000 
"(B) The Attorney General shall transmit to Congress and 
make available to the public, not later than 2 months after final 
issuance, the audited financial statements for each fiscal year for 
the Fund. 
"(C) Reports under subparagraph (A) shall include information 
with respect to all forfeitures under any law enforced or adminis-
tered by the Department of Justice. 
"(D) The transmittal and publication requirements in subpara-
graphs (A) and (B) may be satisfied by— 
"(i) posting the reports on an Internet website maintained 
by the Department of Justice for a period of not less than 
2 years; and 
"(ii) notifying the Committees on the Judiciary of the House 
of Representatives and the Senate when the reports are avail-
able electronically.". 
SEC. 20. PROCEEDS. 
(a) FORFEITURE OF PROCEEDS.—Section 981(a)(1)(C) of title 18, 
United States Code, is amended by striking "or a violation of 
section 1341" and all that follows and inserting "or any offense 
constituting 'specified unlawful activity (as defined in section 
1956(c)(7) of this title), or a conspiracy to commit such offense.". 
(b) DEFINITION OF PROCEEDS.—Section 981(a) of title 18, United 
States Code, is amended by adding at the end the following: 
"(2) For purposes of paragraph (1), the term 'proceeds' is defined 
as follows: 
"(A) In cases involving illegal goods, illegal services, unlaw-
ful activities, and telemarketing and health care fraud schemes, 
the term 'proceeds' means property of any kind obtained directly 
or indirectly, as the result of the commission of the offense 
giving rise to forfeiture, and any property traceable thereto, 
and is not limited to the net g£dn or profit realized from 
the offense. 
"(B) In cases involving lawful goods or lawful services that 
are sold or provided in an illegal manner, the term 'proceeds' 
means the amount of money acquired through the illegal trans-
actions resulting in the forfeiture, less the direct costs incurred 
in providing the goods or services. The claimant shall have 
the burden of proof with respect to the issue of direct costs. 
The direct costs shall not include any part of the overhead 
expenses of the entity providing the goods or services, or any 
part of the income taxes paid by the entity. 
"(C) In cases involving fraud in the process of obtaining 
a loan or extension of credit, the court shall allow the claimant 
a deduction from the forfeiture to the extent that the loan 
was repaid, or the debt was satisfied, without any financisQ 
loss to the victim.". 
PUBLIC LAW 106-185—APR. 25, 2000 
114 STAT. 225 
SEC. 21. EFFECTIVE DATE. 
AppUcability. 
Except as provided in section 14(c), this Act and the amend-
ments made by this Act shall apply to any forfeiture proceeding 
commenced on or after the date that is 120 days after the date 
of the enactment of this Act. 
Approved April 25, 2000. 
LEGISLATIVE HISTORY—H.R. 1658: 
HOUSE REPORTS: No. 106-192 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): June 24, considered and passed House. 
Vol. 146 (2000): Mar. 27, considered and passed Senate, amended. 
Apr. 11, House conctured in Senate amendment.