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CITE

    18 USC Sec. 981                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 46 - FORFEITURE

HEAD

    Sec. 981. Civil forfeiture

STATUTE

      (a)(1) The following property is subject to forfeiture to the
    United States:
        (A) Any property, real or personal, involved in a transaction
      or attempted transaction in violation of section 1956, 1957 or
      1960 of this title, or any property traceable to such property.
        (B) Any property, real or personal, within the jurisdiction of
      the United States, constituting, derived from, or traceable to,
      any proceeds obtained directly or indirectly from an offense
      against a foreign nation, or any property used to facilitate such
      an offense, if the offense -
          (i) involves trafficking in nuclear, chemical, biological, or
        radiological weapons technology or material, or 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 1956(c)(7)(B);
          (ii) would be punishable within the jurisdiction of the
        foreign nation by death or imprisonment for a term exceeding 1
        year; and
          (iii) would be punishable under the laws of the United States
        by imprisonment for a term exceeding 1 year, if the act or
        activity constituting the offense had occurred within the
        jurisdiction of the United States.
        (C) Any property, real or personal, which constitutes or is
      derived from proceeds traceable to a violation of section 215,
      471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487,
      488, 501, 502, 510, 542, 545, 656, 657, 842, 844, 1005, 1006,
      1007, 1014, 1028, 1029, 1030, 1032, or 1344 of this title or any
      offense constituting "specified unlawful activity" (as defined in
      section 1956(c)(7) of this title), or a conspiracy to commit such
      offense.
        (D) Any property, real or personal, which represents or is
      traceable to the gross receipts obtained, directly or indirectly,
      from a violation of -
          (i) section 666(a)(1) (relating to Federal program fraud);
          (ii) section 1001 (relating to fraud and false statements);
          (iii) section 1031 (relating to major fraud against the
        United States);
          (iv) section 1032 (relating to concealment of assets from
        conservator or receiver of insured financial institution);
          (v) section 1341 (relating to mail fraud); or
          (vi) section 1343 (relating to wire fraud),
      if such violation relates to the sale of assets acquired or held
      by the Resolution Trust Corporation, the Federal Deposit
      Insurance Corporation, as conservator or receiver for a financial
      institution, or any other conservator for a financial 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.
        (E) With respect to an offense listed in subsection (a)(1)(D)
      committed for the purpose of executing or attempting to execute
      any scheme or artifice to defraud, or for obtaining money or
      property by means of false or fraudulent statements, pretenses,
      representations or promises, the gross receipts of such an
      offense shall include all property, real or personal, tangible or
      intangible, which thereby is obtained, directly or indirectly.
        (F) Any property, real or personal, which represents or is
      traceable to the gross proceeds obtained, directly or indirectly,
      from a violation of -
          (i) section 511 (altering or removing motor vehicle
        identification numbers);
          (ii) section 553 (importing or exporting stolen motor
        vehicles);
          (iii) section 2119 (armed robbery of automobiles);
          (iv) section 2312 (transporting stolen motor vehicles in
        interstate commerce); or
          (v) section 2313 (possessing or selling a stolen motor
        vehicle that has moved in interstate commerce).
        (G) All assets, foreign or domestic -
          (i) of any individual, entity, or organization engaged in
        planning or perpetrating any any (!1) Federal crime of
        terrorism (as defined in section 2332b(g)(5)) against the
        United States, citizens or residents of the United States, or
        their property, and all assets, foreign or domestic, affording
        any person a source of influence over any such entity or
        organization;
          (ii) acquired or maintained by any person with the intent and
        for the purpose of supporting, planning, conducting, or
        concealing any Federal crime of terrorism (as defined in
        section 2332b(g)(5) (!2) against the United States, citizens or
        residents of the United States, or their property;
          (iii) derived from, involved in, or used or intended to be
        used to commit any Federal crime of terrorism (as defined in
        section 2332b(g)(5)) against the United States, citizens or
        residents of the United States, or their property; or
          (iv) of any individual, entity, or organization engaged in
        planning or perpetrating any act of international terrorism (as
        defined in section 2331) against any international organization
        (as defined in section 209 of the State Department Basic
        Authorities Act of 1956 (22 U.S.C. 4309(b)) or against any
        foreign Government.(!3) Where the property sought for
        forfeiture is located beyond the territorial boundaries of the
        United States, an act in furtherance of such planning or
        perpetration must have occurred within the jurisdiction of the
        United States.
        (H) Any property, real or personal, involved in a violation or
      attempted violation, or which constitutes or is derived from
      proceeds traceable to a violation, of section 2339C of this
      title.
      (2) For purposes of paragraph (1), the term "proceeds" is defined
    as follows:
        (A) In cases involving illegal goods, illegal services,
      unlawful 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 gain 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 transactions
      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 financial loss to
      the victim.
      (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 warrant
        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 against 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 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 probable cause for the seizure of the property under
    this subsection.
      (c) 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 having jurisdiction thereof. Whenever
    property is seized under this subsection, the Attorney General, the
    Secretary of the Treasury, 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.
      (d) For purposes of this section, the provisions of the customs
    laws relating to the seizure, summary and judicial forfeiture,
    condemnation of property for violation of the customs laws, the
    disposition of such property or the proceeds from the sale of such
    property under 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
    property under the customs laws shall be performed with respect to
    seizures and forfeitures of property under this section by such
    officers, agents, or other persons as may be authorized or
    designated for that purpose by the 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.
      (e) 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 he 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 receivership or
        liquidation;
        (4) in the case of property referred to in subsection
      (a)(1)(C), upon the order of the appropriate Federal financial
      institution regulatory agency, to the financial institution as
      restitution, with the value of the property so transferred 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 resources
      to, or expenses involved in, the seizure and forfeiture, 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 (!3) 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 financial
      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 participating
    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 General, 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 complaint 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 property 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
    paragraph (3), (4), or (5) of this subsection.
      (f) All right, title, and interest in property described in
    subsection (a) of this section shall vest in the United States upon
    commission of the act giving rise to forfeiture under this section.
      (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.
      (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
      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-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
    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 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 Government from
    objecting to the standing of the claimant by dispositive motion or
    at the time of trial.
      (h) In addition to the venue provided for in section 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 proceeding 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 prosecution is brought.
      (i)(1) Whenever property is civilly or criminally forfeited under
    this chapter, the Attorney General or the Secretary 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 seizure 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) (!4) of the Foreign Assistance 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, forfeiture, 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 Secretary of
    the Treasury may, in his discretion, set.
      (2) The provisions of this section shall not be construed as
    limiting or superseding 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 concerning 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 testimony taken in a foreign judicial proceeding
    concerning 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
    admitted 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 rebuttable
    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 concerning an unlawful
    drug activity which gives rise to forfeiture under this section and
    any certified recordings or transcripts of testimony taken in a
    foreign judicial proceeding concerning such order or judgment of
    conviction shall be admissible in evidence in a proceeding brought
    pursuant to this section. Such certified order or judgment of
    conviction, when admitted into evidence, creates a rebuttable
    presumption that the unlawful drug activity giving rise to
    forfeiture under this section has occurred.
      (5) The provisions of paragraphs (3) and (4) of this subsection
    shall not be construed as limiting the admissibility of any
    evidence otherwise admissible, nor shall they limit the ability of
    the United States to establish probable cause that property is
    subject to forfeiture by any evidence otherwise admissible.
      (j) For purposes of 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.
      (k) 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
        financial institution (as defined in section 984(c)(2)(A) of
        this title), and that foreign financial institution (as defined
        in section 984(c)(2)(A) of this title) has an interbank account
        in the United States with a covered financial institution (as
        defined in section 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 warrant, 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 financial institution (as defined in
        section 984(c)(2)(A) of this title), 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 jurisdiction in which the foreign financial
        institution (as defined in section 984(c)(2)(A) of this title)
        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 interest of justice and would not harm the national
        interests 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 establish that the funds are
      directly traceable to the funds that were deposited into the
      foreign financial institution (as defined in section 984(c)(2)(A)
      of this title), nor shall it be necessary for the Government to
      rely on the application of section 984.
        (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 financial institution (as defined
      in section 984(c)(2)(A) of this title) may contest the forfeiture
      by filing a claim under section 983.
        (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 984(c)(2)(B).
          (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 983(d)(6), of the funds that were
            deposited into the foreign financial institution (as
            defined in section 984(c)(2)(A) of this title) at the time
            such funds were deposited; and
              (II) does not include either the foreign financial
            institution (as defined in section 984(c)(2)(A) of this
            title) or any financial institution acting as an
            intermediary in the transfer of the funds into the
            interbank account.
            (ii) Exception. - The foreign financial institution (as
          defined in section 984(c)(2)(A) of this title) 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 financial institution (as defined
            in section 984(c)(2)(A) of this title); or
              (II) the foreign financial institution (as defined in
            section 984(c)(2)(A) of this title) establishes, by a
            preponderance of the evidence, that prior to the restraint,
            seizure, or arrest of the funds, the foreign financial
            institution (as defined in section 984(c)(2)(A) of this
            title) had discharged all or part of its obligation to the
            prior owner of the funds, in which case the foreign
            financial institution (as defined in section 984(c)(2)(A)
            of this title) shall be deemed the owner of the funds to
            the extent of such discharged obligation.

SOURCE

    (Added Pub. L. 99-570, title I, Sec. 1366(a), Oct. 27, 1986, 100
    Stat. 3207-35; amended Pub. L. 100-690, title VI, Secs. 6463(a),
    (b), 6469(b), 6470(b), (e), (f), 6471(c), Nov. 18, 1988, 102 Stat.
    4374, 4377, 4378; Pub. L. 101-73, title IX, Sec. 963(a), (b), Aug.
    9, 1989, 103 Stat. 504; Pub. L. 101-647, title I, Sec. 103, title
    XXV, Secs. 2508, 2524, 2525(a), title XXXV, Sec. 3531, Nov. 29,
    1990, 104 Stat. 4791, 4862, 4873, 4874, 4924; Pub. L. 102-393,
    title VI, Sec. 638(d), Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102-
    519, title I, Sec. 104(a), Oct. 25, 1992, 106 Stat. 3385; Pub. L.
    102-550, title XV, Secs. 1525(c)(1), 1533, Oct. 28, 1992, 106 Stat.
    4065, 4066; Pub. L. 103-322, title XXXIII, Sec. 330011(s)(2), Sept.
    13, 1994, 108 Stat. 2146; Pub. L. 103-447, title I, Sec. 102(b),
    Nov. 2, 1994, 108 Stat. 4693; Pub. L. 106-185, Secs. 2(c)(1), 5(a),
    6, 8(a), 20, Apr. 25, 2000, 114 Stat. 210, 213-215, 224; Pub. L.
    107-56, title III, Secs. 319(a), 320, 372(b)(1), 373(b), title
    VIII, Sec. 806, Oct. 26, 2001, 115 Stat. 311, 315, 339, 340, 378;
    Pub. L. 107-197, title III, Sec. 301(d), June 25, 2002, 116 Stat.
    728; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(2), Nov. 2,
    2002, 116 Stat. 1806; Pub. L. 109-177, title I, Secs. 111, 120,
    title IV, Secs. 404, 406(a)(3), Mar. 9, 2006, 120 Stat. 209, 221,
    244.)

REFERENCES IN TEXT

      The Controlled Substances Act, referred to in subsecs.
    (a)(1)(B)(i), (b)(4)(A), and (k)(1)(A), is title II of Pub. L. 91-
    513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified
    principally to subchapter I (Sec. 801 et seq.) of chapter 13 of
    Title 21, Food and Drugs. For complete classification of this Act
    to the Code, see Short Title note set out under section 801 of
    Title 21 and Tables.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (b)(2), (3), are set out in the Appendix to this title.
      The Supplemental Rules for Certain Admiralty and Maritime Claims,
    referred to in subsec. (b)(2)(A), are set out as part of the
    Federal Rules of Civil Procedure in the Appendix to Title 28,
    Judiciary and Judicial Procedure.
      The Federal Rules of Civil Procedure, referred to in subsec.
    (b)(4)(A), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      Section 3 of the Anti Drug Abuse Act of 1986, referred to in
    subsec. (e), is section 3 of Pub. L. 99-570, which is set out as a
    note under section 801 of Title 21, Food and Drugs.
      Section 8(e)(7)(D) of the Federal Deposit Insurance Act, referred
    to in subsec. (e)(7), is classified to section 1818(e)(7)(D) of
    Title 12, Banks and Banking.
      Section 481(h) of the Foreign Assistance Act of 1961, referred to
    in subsec. (i)(1)(C), was classified to section 2291(h) of Title
    22, Foreign Relations and Intercourse, prior to repeal of subsec.
    (h) by Pub. L. 102-583, Sec. 6(b)(2), Nov. 2, 1992, 106 Stat. 4932.
    Reference to section 481(h) of the Foreign Assistance Act of 1961
    probably should be to section 490(a)(1) of the Act, which is
    classified to section 2291j(a)(1) of Title 22.

AMENDMENTS

      2006 - Subsec. (a)(1)(B)(i). Pub. L. 109-177, Sec. 111, inserted
    "trafficking in nuclear, chemical, biological, or radiological
    weapons technology or material, or" after "involves".
      Subsec. (a)(1)(G)(i). Pub. L. 109-177, Sec. 120(1), which
    directed amendment of cl. (i) by substituting "any Federal crime of
    terrorism (as defined in section 2332b(g)(5))" for "act of
    international or domestic terrorism (as defined in section 2331)",
    was executed by making the substitution for "act of domestic or
    international terrorism (as defined in section 2331)", to reflect
    the probable intent of Congress.
      Subsec. (a)(1)(G)(ii). Pub. L. 109-177, Sec. 120(2), which
    directed amendment of cl. (ii) by "striking 'an act of
    international or domestic terrorism (as defined in section 2331)'
    with 'any Federal crime of terrorism (as defined in section
    2332b(g)(5)' ", was executed by striking "an act of domestic or
    international terrorism (as defined in section 2331)" and inserting
    "any Federal crime of terrorism (as defined in section
    2332b(g)(5)", to reflect the probable intent of Congress.
      Subsec. (a)(i)(G)(iii). Pub. L. 109-177, Sec. 120(3), which
    directed amendment of cl. (iii) by substituting "Federal crime of
    terrorism (as defined in section 2332b(g)(5))" for "act of
    international or domestic terrorism (as defined in section 2331)",
    was executed by making the substitution for "act of domestic or
    international terrorism (as defined in section 2331)", to reflect
    the probable intent of Congress.
      Subsec. (a)(1)(G)(iv). Pub. L. 109-177, Sec. 404, added cl. (iv).
      Subsec. (k). Pub. L. 109-177, Sec. 406(a)(3), substituted
    "foreign financial institution (as defined in section 984(c)(2)(A)
    of this title)" for "foreign bank" wherever appearing.
      2002 - Subsec. (a)(1)(H). Pub. L. 107-197 added subpar. (H).
      Subsec. (d). Pub. L. 107-273 substituted "proceeds from the sale
    of such property under this section" for "proceeds from the sale of
    this section".
      2001 - Subsec. (a)(1)(A). Pub. L. 107-56, Secs. 372(b)(1),
    373(b), struck out "of section 5313(a) or 5324(a) of title 31, or"
    after "transaction or attempted transaction in violation",
    substituted ", 1957 or 1960" for "or 1957", and struck out at end
    "However, no property shall be seized or forfeited in the case of a
    violation of section 5313(a) of title 31 by a domestic financial
    institution examined by a Federal bank supervisory agency or a
    financial institution regulated by the Securities and Exchange
    Commission or a partner, director, or employee thereof."
      Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 320, amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "Any
    property, real or personal, within the jurisdiction of the United
    States, constituting, derived from, or traceable to, any proceeds
    obtained directly or indirectly from an offense against a foreign
    nation involving the manufacture, importation, sale, or
    distribution of a controlled substance (as such term is defined for
    the purposes of the Controlled Substances Act), within whose
    jurisdiction such offense would be punishable by death or
    imprisonment for a term exceeding one year and which would be
    punishable under the laws of the United States by imprisonment for
    a term exceeding one year if such act or activity constituting the
    offense against the foreign nation had occurred within the
    jurisdiction of the United States."
      Subsec. (a)(1)(G). Pub. L. 107-56, Sec. 806, added subpar. (G).
      Subsec. (k). Pub. L. 107-56, Sec. 319(a), added subsec. (k).
      2000 - Subsec. (a)(1). Pub. L. 106-185, Sec. 2(c)(1)(A),
    substituted "The" for "Except as provided in paragraph (2), the" in
    introductory provisions.
      Subsec. (a)(1)(C). Pub. L. 106-185, Sec. 20(a), substituted "or
    any offense constituting 'specified unlawful activity' (as defined
    in section 1956(c)(7) of this title), or a conspiracy to commit
    such offense." for "or a violation of section 1341 or 1343 of such
    title affecting a financial institution."
      Subsec. (a)(2). Pub. L. 106-185, Secs. 2(c)(1)(B), 20(b), added
    par. (2) and struck out former par. (2) which read as follows: "No
    property shall be forfeited under this section to the extent of the
    interest of an owner or lienholder by reason of any act or omission
    established by that owner or lienholder to have been committed
    without the knowledge of that owner or lienholder."
      Subsec. (b). Pub. L. 106-185, Sec. 5(a), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(b)(1) Any property -
        "(A) subject to forfeiture to the United States under
      subparagraph (A) or (B) of subsection (a)(1) of this section -
          "(i) may be seized by the Attorney General; or
          "(ii) in the case of property involved in a violation of
        section 5313(a) or 5324 of title 31, United States Code, or
        section 1956 or 1957 of this title investigated by the
        Secretary of the Treasury or the United States Postal Service,
        may be seized by the Secretary of the Treasury or the Postal
        Service; and
        "(B) subject to forfeiture to the United States under
      subparagraph (C) of subsection (a)(1) of this section may be
      seized by the Attorney General, the Secretary of the Treasury, or
      the Postal Service.
      "(2) Property shall be seized under paragraph (1) of this
    subsection upon process issued pursuant to the Supplemental Rules
    for certain Admiralty and Maritime Claims by any district court of
    the United States having jurisdiction over the property, except
    that seizure without such process may be made when -
        "(A) the seizure is pursuant to a lawful arrest or search; or
        "(B) the Attorney General, the Secretary of the Treasury, or
      the Postal Service, as the case may be, has obtained a warrant
      for such seizure pursuant to the Federal Rules of Criminal
      Procedure, in which event proceedings under subsection (d) of
      this section shall be instituted promptly."
      Subsec. (e)(6). Pub. L. 106-185, Sec. 6, added par. (6) and
    struck out former par. (6) which read as follows: "in the case of
    property referred to in subsection (a)(1)(C), restore forfeited
    property to any victim of an offense described in subsection
    (a)(1)(C); or".
      Subsec. (g). Pub. L. 106-185, Sec. 8(a), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "The
    filing of an indictment or information alleging a violation of law,
    Federal, State, or local, which is also related to a forfeiture
    proceeding under this section shall, upon motion of the United
    States and for good cause shown, stay the forfeiture proceeding."
      1994 - Subsec. (e)(7). Pub. L. 103-322, Sec. 330011(s)(2),
    amended directory language of Pub. L. 101-647, Sec. 2525(a)(2). See
    1990 Amendment note below.
      Subsec. (i)(1)(C). Pub. L. 103-447, which directed substitution
    of "section 490(a)(1) of the Foreign Assistance Act of 1961" for
    "paragraph (1)(A) of section 481(h) of the Foreign Assistance Act
    of 1961", could not be executed because the words "paragraph (1)(A)
    of" do not appear in text.
      1992 - Subsec. (a)(1)(A). Pub. L. 102-550, Sec. 1525(c)(1),
    substituted "5324(a)" for "5324".
      Subsec. (a)(1)(C). Pub. L. 102-393 inserted provisions relating
    to sections 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485,
    486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, and
    1030 of this title.
      Subsec. (a)(1)(F). Pub. L. 102-519 added subpar. (F).
      Subsec. (e). Pub. L. 102-550, Sec. 1533, struck out penultimate
    sentence of concluding provisions which read as follows: "The
    authority granted to the Secretary of the Treasury and the Postal
    Service pursuant to this subsection shall apply only to property
    that has been administratively forfeited."
      1990 - Subsec. (a)(1)(C). Pub. L. 101-647, Sec. 2524(1), inserted
    "1032," after "1014," and "or a violation of section 1341 or 1343
    of such title affecting a financial institution" before period at
    end.
      Subsec. (a)(1)(D), (E). Pub. L. 101-647, Sec. 2525(a)(1), added
    subpars. (D) and (E).
      Subsec. (b). Pub. L. 101-647, Sec. 2524(2), added par. (1) and
    par. (2) introductory provisions, redesignated former pars. (1) and
    (2) as subpars. (A) and (B) of par. (2), and struck out former
    introductory provisions which read as follows: "Any property
    subject to forfeiture to the United States under subsection
    (a)(1)(A) or (a)(1)(B) of this section may be seized by the
    Attorney General or, with respect to property involved in a
    violation of section 5313(a) or 5324 of title 31 or of section 1956
    or 1957 of this title investigated by the Secretary of the Treasury
    or the Postal Service may be seized by the Secretary of the
    Treasury or the Postal Service, in each case upon process issued
    pursuant to the Supplemental Rules for certain Admiralty and
    Maritime Claims by any district court of the United States having
    jurisdiction over the property, except that seizure without such
    process may be made when - ".
      Subsec. (d). Pub. L. 101-647, Sec. 3531, inserted a period at
    end.
      Subsec. (e)(3), (4). Pub. L. 101-647, Sec. 2524(3), (4), struck
    out "(if the affected financial institution is in receivership or
    liquidation)" after "subsection (a)(1)(C)".
      Subsec. (e)(6). Pub. L. 101-647, Sec. 2508, added par. (6).
      Subsec. (e)(7). Pub. L. 101-647, Sec. 2525(a)(2), as amended by
    Pub. L. 103-322, Sec. 330011(s)(2), added par. (7).
      Subsec. (i). Pub. L. 101-647, Sec. 103(1), struck out
    introductory provisions which read as follows: "In the case of
    property subject to forfeiture under subsection (a)(1)(B), the
    following additional provisions shall, to the extent provided by
    treaty, apply:".
      Subsec. (i)(1). Pub. L. 101-647, Sec. 103(3), substituted first
    sentence for "Notwithstanding any other provision of law, except
    section 3 of the Anti Drug Abuse Act of 1986, whenever property is
    civilly or criminally forfeited under the Controlled Substances
    Act, the Attorney General may, with the concurrence of the
    Secretary of State, equitably transfer any conveyance, currency,
    and any other type of personal property which the Attorney General
    may designate by regulation for equitable transfer, or any amounts
    realized by the United States from the sale of any real or personal
    property forfeited under the Controlled Substances Act to an
    appropriate foreign country to reflect generally the contribution
    of any such foreign country participating directly or indirectly in
    any acts which led to the seizure or forfeiture of such property.
    Such property when forfeited pursuant to subsection (a)(1)(B) of
    this section may also be transferred to a foreign country pursuant
    to a treaty providing for the transfer of forfeited property to
    such foreign country."
      Pub. L. 101-647, Sec. 103(2), (4), (5), inserted "or the
    Secretary of the Treasury" after "Attorney General" in two places,
    realigned margin, and struck out at end "Transfers may be made
    under this subsection during a fiscal year to a country that is
    subject to paragraph (1)(A) of section 481(h) of the Foreign
    Assistance Act of 1961 (relating to restrictions on United States
    assistance) only if there is a certification in effect with respect
    to that country for that fiscal year under paragraph (2) of that
    section."
      Subsec. (i)(2) to (5). Pub. L. 101-647, Sec. 103(2), realigned
    margins.
      1989 - Subsec. (a)(1)(C). Pub. L. 101-73, Sec. 963(a), added
    subpar. (C).
      Subsec. (e). Pub. L. 101-73, Sec. 963(b), substituted "determine -
     " for "determine to - " in introductory provisions, inserted "The
    United States shall not be liable in any action arising out of a
    transfer under paragraph (3), (4), or (5) of this subsection." in
    closing provisions, added pars. (1) to (5), and struck out former
    pars. (1) and (2) which read as follows:
      "(1) any other Federal agency; or
      "(2) 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."
      1988 - Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 6463(a)(1), added
    subpar. (A) and struck out former subpar. (A) which read as
    follows: "Any property, real or personal, which represents the
    gross receipts a person obtains, directly or indirectly, as a
    result of a violation of section 1956 or 1957 of this title, or
    which is traceable to such gross receipts."
      Subsec. (a)(1)(B). Pub. L. 100-690, Sec. 6470(b), inserted ",
    real or personal," after "property", substituted "constituting,
    derived from, or traceable to, any proceeds obtained directly or
    indirectly from" for "which represents the proceeds of", "such
    offense would" for "such offense or activity would", and
    "punishable under the laws of the United States by imprisonment"
    for "punishable by imprisonment", and inserted "constituting the
    offense against the foreign nation" after "such act or activity".
      Subsec. (a)(1)(C). Pub. L. 100-690, Sec. 6463(a)(2), struck out
    subpar. (C) which read as follows: "Any coin and currency (or other
    monetary instrument as the Secretary of the Treasury may prescribe)
    or any interest in other property, including any deposit in a
    financial institution, traceable to such coin or currency involved
    in a transaction or attempted transaction in violation of section
    5313(a) or 5324 of title 31 may be seized and forfeited to the
    United States Government. No property or interest in property shall
    be seized or forfeited if the violation is by a domestic financial
    institution examined by a Federal bank supervisory agency or a
    financial institution regulated by the Securities and Exchange
    Commission or a partner, director, officer, or employee thereof."
      Subsec. (a)(2). Pub. L. 100-690, Sec. 6470(e), substituted
    "omission" for "emission".
      Subsec. (b). Pub. L. 100-690, Sec. 6463(b), which directed
    amendment of subsec. (b) by substituting "involved in a violation
    of section 5313(a) or 5324 of title 31 or of section 1956 or 1957
    of this title investigated by the Secretary of the Treasury" for
    "involved in a violation of section 1956 or 1957 of this title
    investigated by the Secretary of the Treasury, and any property
    subject to forfeiture under subsection (a)(1)(C) of this section"
    was executed by substituting the new language for "involved in a
    violation of section 1956 or 1957 of this title investigated by the
    Secretary of the Treasury, may be seized by the Secretary of the
    Treasury, and any property subject to forfeiture under subsection
    (a)(1)(C) of this section" in introductory provisions, to reflect
    the probable intent of Congress.
      Pub. L. 100-690, Sec. 6469(b)(1), inserted "or the Postal
    Service" after "Secretary of the Treasury" in two places in
    introductory provisions.
      Subsec. (b)(2). Pub. L. 100-690, Sec. 6469(b)(2), substituted
    "the Attorney General, the Secretary of the Treasury, or the Postal
    Service" for "the Attorney General or the Secretary of the
    Treasury".
      Subsec. (c). Pub. L. 100-690, Sec. 6469(b)(2), substituted "the
    Attorney General, the Secretary of the Treasury, or the Postal
    Service" for "the Attorney General or the Secretary of the
    Treasury" in two places.
      Subsec. (d). Pub. L. 100-690, Sec. 6469(b)(2), (3), substituted
    "the Attorney General, the Secretary of the Treasury, or the Postal
    Service" for "the Attorney General or the Secretary of the
    Treasury" and inserted provision that Attorney General have sole
    responsibility for disposing of petitions for remission or
    mitigation with respect to property involved in a judicial
    forfeiture proceeding.
      Subsec. (e). Pub. L. 100-690, Sec. 6469(b)(2), which directed the
    substitution of "the Attorney General, the Secretary of the
    Treasury, or the Postal Service" for "the Attorney General or the
    Secretary of the Treasury" was executed to reflect the probable
    intent of Congress by making the substitution in four places
    without regard as to whether or not the initial article "the" was
    capitalized.
      Pub. L. 100-690, Sec. 6469(b)(4), inserted provision that the
    authority granted to the Secretary of the Treasury and the Postal
    Service apply only to property that has been administratively
    forfeited.
      Subsec. (g). Pub. L. 100-690, Sec. 6471(c), inserted ", Federal,
    State or local," after "law".
      Subsec. (i)(1). Pub. L. 100-690, Sec. 6470(f), substituted
    "subsection" for "subchapter" in fourth sentence.
                     EFFECTIVE DATE OF 2000 AMENDMENT
      Amendment by Pub. L. 106-185 applicable to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
    under section 1324 of Title 8, Aliens and Nationality.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(s)(2) of Pub. L. 103-322 provided that the
    amendment made by that section is effective as of the date on which
    section 2525(a)(2) of Pub. L. 101-647 took effect.
                       SHORT TITLE OF 2000 AMENDMENT
      Pub. L. 106-185, Sec. 1(a), Apr. 25, 2000, 114 Stat. 202,
    provided that: "This Act [enacting sections 983 and 985 of this
    title and sections 2466 and 2467 of Title 28, Judiciary and
    Judicial Procedure, amending this section, sections 982 to 984,
    986, 2232, 2254, and 3322 of this title, section 1324 of Title 8,
    Aliens and Nationality, section 1621 of Title 19, Customs Duties,
    section 881 of Title 21, Food and Drugs, sections 524, 2461, 2465,
    and 2680 of Title 28, and section 2996f of Title 42, The Public
    Health and Welfare, repealing section 888 of Title 21, and enacting
    provisions set out as notes under section 1324 of Title 8, section
    2466 of Title 28, and section 3724 of Title 31, Money and Finance]
    may be cited as the 'Civil Asset Forfeiture Reform Act of 2000'."
                       SHORT TITLE OF 1988 AMENDMENT
      Section 6181 of Pub. L. 100-690 provided that: "This subtitle
    [subtitle E (Secs. 6181-6187) of title VI of Pub. L. 100-690,
    enacting sections 5325 and 5326 of Title 31, Money and Finance,
    amending sections 1956 and 1957 of this title, sections 1730d,
    1829b, 1953, 1955, 3403, 3412, 3413, 3417, and 3420 of Title 12,
    Banks and Banking, and sections 5312, 5318, and 5321 of Title 31]
    may be cited as the 'Money Laundering Prosecution Improvements Act
    of 1988'."
                       SHORT TITLE OF 1986 AMENDMENT
      Section 1351 of Pub. L. 99-570 provided that: "This subtitle
    [subtitle H (Secs. 1351-1367) of title I of Pub. L. 99-570,
    enacting this section, sections 982, 1956, and 1957 of this title
    and section 5324 of Title 31, Money and Finance, amending sections
    1952, 1961, and 2516 of this title, sections 1464, 1730, 1786,
    1817, 1818, 3403, and 3413 of Title 12, Banks and Banking, and
    sections 5312, 5316 to 5318, 5321, and 5322 of Title 31, and
    enacting provisions set out as notes under this section, sections
    1464 and 1730 of Title 12, and sections 5315 to 5317, 5321, and
    5324 of Title 31] may be cited as the 'Money Laundering Control Act
    of 1986'."
                               SEVERABILITY
      Section 1367 of Pub. L. 99-570 provided that: "If any provision
    of this subtitle [see Short Title of 1986 Amendment note above] or
    any amendment made by this Act [see Short Title of 1986 Amendment
    note set out under section 801 of Title 21, Food and Drugs], or the
    application thereof to any person or circumstances is held invalid,
    the provisions of every other part, and their application, shall
    not be affected thereby."

FOOTNOTE

    (!1) So in original.
    (!2) So in original. A second closing parenthesis probably
         should appear.
    (!3) So in original. Probably should not be capitalized.
    (!4) See References in Text below.
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