§ 2328. Mandatory forfeiture

Statutory text

In General.—

The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—

any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and

any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.

Procedures.—

The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2017
Robert Matava Elder Abuse Prosecution Act of 2017
Pub. L. 115–70 title IV § 402(a)(4) · 131 Stat. 1208
Enacted · 18 U.S.C. § 2328
(Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)
Source evidence
Code source credit
(Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)
Enacted provision · exact public law section
(4) by adding at the end the following: “§ 2328. Mandatory forfeiture “(a) In General.— The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States— “(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and “(2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense. “(b) Procedures.— The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.” .

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Credits

(Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)