§ 982. Criminal forfeiture

Footnotes

1. 1 So in original.

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.

1. 1986

   Money Laundering Control Act of 1986

   Pub. L. 99–570 title I § 1366(a) · 100 Stat. 3207

   Enacted · 18 U.S.C. § 982

   Added Pub. L. 99–570, title I, § 1366(a), Oct. 27, 1986, 100 Stat. 3207–39

   Source evidence

   Code source credit
   Added Pub. L. 99–570, title I, § 1366(a), Oct. 27, 1986, 100 Stat. 3207–39

   Enacted provision · exact public law section
   (a) Title 18 of the United States Code is amended by adding after chapter 45 a new chapter 46 as follows: “CHAPTER 46— FORFEITURE “Sec. “981. Civil Forfeiture. “982. Criminal Forfeiture. “§ 981. Civil forfeiture “(a) (1) Except as provided in paragraph (2), the following property is subject to forfeiture to the United States: “(A) 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. “(B) Any property within the jurisdiction of the United States, which represents the proceeds of an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined 21 USC 801 note. for the purposes of the Controlled Substances Act), within whose jurisdiction such offense or activity would be punishable by death or imprisonment for a term exceeding one year and which would be punishable by imprisonment for a term exceeding one year if such act or activity had occurred within the jurisdiction of the United States. “(C) 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. “(2) 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 emission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. “(b) 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 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 may be seized by the Secretary of the Treasury, 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— “(1) the seizure is pursuant to a lawful arrest or search; or “(2) the Attorney General or the Secretary of the Treasury, as the case may be, has obtained a warrant for such seizure pursuant to the Federal Rules of Criminal Procedure, in which 18 USC app. event proceedings under subsection (d) of this section shall be instituted promptly. “(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 or the Secretary of the Treasury, 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 or the Secretary of the Treasury, 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 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 or the Secretary of the Treasury, as the case may be. “(e) Notwithstanding any other provision of the law, except section 3 of the Anti Drug Abuse Act of 1986, the Attorney General or the Secretary of the Treasury, 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 to— “(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. State and local governments. The Attorney General or the Secretary of the Treasury, 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 or the Secretary of the Treasury 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 or the Secretary of the Treasury 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. “(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) The filing of an indictment or information alleging a violation of law 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. “(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) 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: “(1) 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 21 USC 801 note. 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 21 USC 801 note. 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. A decision by the Attorney General 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 subchapter, 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 may, in his discretion, set. 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 22 USC 2291. 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. “(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 snail 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. “§ 982. Criminal forfeiture “(a) Real property. The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts. “(b) The provisions of subsections 413 (c) and (e) through (o) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (c) and (e)—(o)) shall apply to property subject to forfeiture under this section, to any seizure or disposition thereof, and to any administrative or judicial proceeding in relation thereto, if not inconsistent with this section.”.

2. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6463(c) · 102 Stat. 4181

   Amended · 18 U.S.C. § 982(a)

   Pub. L. 100–690, § 6463(c), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–690, § 6463(c), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts.”

   Enacted provision · exact public law section
   (c) Criminal Forfeiture.— Section 982(a) of title 18, United States Code, is amended to read as follows: “(a) The court, in imposing sentence on a person convicted of an offense in violation of section 5313(a) or 5324 of title 31, or of section 1956 or 1957 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property. 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.”.

3. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6464 · 102 Stat. 4181

   1. Substituted · 18 U.S.C. § 982(b)

      Pub. L. 100–690, § 6464, substituted “(p)” for “(o)” in two places

   2. Substituted · 18 U.S.C. § 982(b)

      Pub. L. 100–690, § 6464, inserted at end “However, the substitution of assets provisions of subsection 413(p) not be used to order a defendant to forfeit assets in place of the actual property laundered where such defendant acted merely as an intermediary who handled but did not retain the property in the course of the money laundering offense.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–690, § 6464, substituted “(p)” for “(o)” in two places and inserted at end “However, the substitution of assets provisions of subsection 413(p) not be used to order a defendant to forfeit assets in place of the actual property laundered where such defendant acted merely as an intermediary who handled but did not retain the property in the course of the money laundering offense.”

   Enacted provision · exact public law section
   SEC. 6464. FORFEITURE OF SUBSTITUTE ASSETS FOR MONEY LAUNDERING OFFENSE. Section 982(b) of title 18, United States Code, is amended— (1) by striking “(o)” both places it appears, and inserting “(p)” in lieu thereof; and (2) by adding at the end the following: “However, the substitution of assets provisions of subsection 413(p) shall not be used to order a defendant to forfeit assets in place of the actual property laundered where such defendant acted merely as an intermediary who handled but did not retain the property in the course of the money laundering offense.”.

4. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 963(c)(1) · 103 Stat. 183

   1. Amended · 18 U.S.C. § 982(a)

      Pub. L. 101–73, § 963(c)(1), designated existing provisions as par. (1)

   2. Added · 18 U.S.C. § 982(a)

      Pub. L. 101–73, § 963(c)(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–73, § 963(c)(1), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by inserting “(1)” after “(a)”; and (B) by adding at the end the following: “(2) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate, section 215, 656, 657, 1005, 1006,1007,1014,1341,1343, or 1344 of this title, affecting a financial institution, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation.”; and

5. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 963(c)(2) · 103 Stat. 183

   1. Struck · 18 U.S.C. § 982(b)

      Pub. L. 101–73, § 963(c)(2), struck out “The provisions of subsections 413(c) and (e) through (p) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(c) and (e)–(p)) shall apply to property subject to forfeiture under this section, to any seizure or disposition thereof, and to any administrative or judicial proceeding in relation thereto, if not inconsistent with this section. However, the”

   2. Added · 18 U.S.C. § 982(b)

      Pub. L. 101–73, § 963(c)(2), added par. (1)

   3. Substituted · 18 U.S.C. § 982(b)

      Pub. L. 101–73, § 963(c)(2), inserted “(2) The” before “substitution of assets”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–73, § 963(c)(2), struck out “The provisions of subsections 413(c) and (e) through (p) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(c) and (e)–(p)) shall apply to property subject to forfeiture under this section, to any seizure or disposition thereof, and to any administrative or judicial proceeding in relation thereto, if not inconsistent with this section. However, the”, added par. (1), and inserted “(2) The” before “substitution of assets”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “(b) The provisions” and all that follows through “However, the” and inserting in lieu thereof the following: “(b) (1) Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed— “(A) in the case of a forfeiture under subsection (a)(1) of this section, by subsections (c) and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853); and “(B) in the case of a forfeiture under subsection (a)(2) of this section, by subsections (b), (c), (e), and (g) through (p) of section 413 of such Act. “(2) The”.

6. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 1401 · 104 Stat. 4789

   1. Amended · 18 U.S.C. § 982(a)(1)

      Pub. L. 101–647, § 1401, as amended by Pub. L. 103–322, § 330011(s)(1)

   2. Inserted · 18 U.S.C. § 982(a)(1)

      Pub. L. 101–647, § 1401, as inserted “, 5316,” after “5313(a)”, the first place appearing

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–647, § 1401, as amended by Pub. L. 103–322, § 330011(s)(1), inserted “, 5316,” after “5313(a)”, the first place appearing.

   Enacted provision · exact public law section
   SEC. 1401. CRIMINAL FORFEITURE IN CASES INVOLVING CMIR VIOLATIONS. Section 982(a) of title 18, United States Code, is amended by inserting “, 5316” after “5313(a)”.

7. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 § 2525(b) · 104 Stat. 4789

   Added · 18 U.S.C. § 982(a)(3); 18 U.S.C. § 982(a)(4)

   Pub. L. 101–647, § 2525(b), added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 101–647, § 2525(b), added pars. (3) and (4).

   Enacted provision · exact public law section
   (b) Criminal Forfeiture.— Section 982(a) of title 18, United States Code, is amended by adding the following new paragraphs: “(3) The court, in imposing a sentence on a person convicted of an offense under— “(A) section 666(a)(1) (relating to Federal program fraud); “(B) section 1001 (relating to fraud and false statements); “(C) section 1031 (relating to major fraud against the United States); “(D) section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured financial institution); “(E) section 1341 (relating to mail fraud); or “(F) section 1343 (relating to wire fraud), involving 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, shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, as a result of such violation. “(4) With respect to an offense listed in subsection (a)(3) 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 any property, real or personal, tangible or intangible, which is obtained, directly or indirectly, as a result of such offense.”.

8. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 1403 · 104 Stat. 4789

   Inserted · 18 U.S.C. § 982(b)(2)

   Pub. L. 101–647, § 1403, inserted before period at end “unless the defendant, in committing the offense or offenses giving rise to the forfeiture, conducted three or more separate transactions involving a total of $100,000 or more in any twelve month period”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–647, § 1403, inserted before period at end “unless the defendant, in committing the offense or offenses giving rise to the forfeiture, conducted three or more separate transactions involving a total of $100,000 or more in any twelve month period”.

   Enacted provision · exact public law section
   SEC. 1403. MONEY LAUNDERING FORFEITURES. Section 982(b)(2) of title 18, United States Code, is amended by inserting the following before the period: “unless the defendant, in committing the offense or offenses giving rise to the forfeiture, conducted three or more separate transactions involving a total of $100,000 or more in any twelve month period”.

9. 1992

   Treasury Forfeiture Fund Act of 1992

   Pub. L. 102–393 title VI § 638(e) · 106 Stat. 1729

   Amended · 18 U.S.C. § 982(a)(2)

   Pub. L. 102–393 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this title, affecting a financial institution, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–393 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate, section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this title, affecting a financial institution, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation.”

   Enacted provision · exact public law section
   (e) Section 982(a)(2) of title 18, United States Code, is amended to read as follows: “(2) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate— “(A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this title, affecting a financial institution, or “(B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, or 1030 of this title, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation.”.

10. 1992

    Anti Car Theft Act of 1992

    Pub. L. 102–519 title I § 104(b) · 106 Stat. 3384

    Added · 18 U.S.C. § 982(a)(5)

    Pub. L. 102–519 added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 102–519 added par. (5).

    Enacted provision · exact public law section
    (b) Criminal Forfeiture.— Section 982(a) of title 18, United States Code, is amended by adding after paragraph (4) the following: “(5) The court, in imposing sentence on a person convicted of a violation or conspiracy to violate— “(A) section 511 (altering or removing motor vehicle identification numbers); “(B) section 553 (importing or exporting stolen motor vehicles); “(C) section 2119 (armed robbery of automobiles); “(D) section 2312 (transporting stolen motor vehicles in interstate commerce); or “(E) section 2313 (possessing or selling a stolen motor vehicle that has moved in interstate commerce); shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross proceeds obtained, directly or indirectly, as a result of such violation.”.

11. 1992

    AnnunzioWylie Anti-Money Laundering Act

    Pub. L. 102–550 title XV § 1512(c) · 106 Stat. 3672

    Substituted · 18 U.S.C. § 982(a)(1)

    Pub. L. 102–550 substituted “, 1957, or 1960” for “or 1957”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–550 substituted “, 1957, or 1960” for “or 1957”.

    Enacted provision · exact public law section
    (c) Criminal Forfeiture.— Section 982(a)(1) of title 18, United States Code, is amended by striking “or 1957” and inserting “, 1957, or 1960”.

12. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330011(s)(1) · 108 Stat. 1796

    Amended · 18 U.S.C. § 982(a)(1)

    Pub. L. 103–322, § 330011(s)(1), amended directory language of Pub. L. 101–647, § 1401. See 1990 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–322, § 330011(s)(1), amended directory language of Pub. L. 101–647, § 1401. See 1990 Amendment note below.

    Enacted provision · exact public law section
    (1) Section 1401 of Public Law 101–647 is 18 USC 982. amended, effective as of the date on which that section took effect— (A) by inserting a comma after “, 5316”; and (B) by inserting “the first place it appears” after the quotation mark following “5313(a).

13. 1996

    Pub. L. 104–191 § 249(a) · 110 Stat. 1936

    Added · 18 U.S.C. § 982(a)(6)

    Pub. L. 104–191, § 249(a), added par. (6) relating to forfeitures for Federal health care offenses

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–191, § 249(a), added par. (6) relating to forfeitures for Federal health care offenses.

    Enacted provision · exact public law section
    (a) In General.— Section 982(a) of title 18, United States Code, is amended by adding after paragraph (5) the following new paragraph: “(6) The court, in imposing sentence on a person convicted of a Federal health care offense, shall order the person to forfeit property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of the offense.”.

14. 1996

    Pub. L. 104–191 § 249(b) · 110 Stat. 1936

    Inserted · 18 U.S.C. § 982(b)(1)(A)

    Pub. L. 104–191, § 249(b), inserted “or (a)(6)” after “(a)(1)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 104–191, § 249(b), inserted “or (a)(6)” after “(a)(1)”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 982(b)(1)(A) of title 18, United States Code, is amended by inserting “or (a)(6)” after “(a)(1)”.

15. 1996

    Pub. L. 104–208 div. C title II § 217 · 110 Stat. 3009

    Added · 18 U.S.C. § 982(a)(6)

    Pub. L. 104–208 added par. (6) relating to criminal forfeiture for passport and visa related offenses

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 104–208 added par. (6) relating to criminal forfeiture for passport and visa related offenses.

    Enacted provision · exact public law section
    SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES. Section 982(a) of title 18, United States Code, is amended by inserting after paragraph (5) the following new paragraph: “(6) (A) The court, in imposing sentence on a person convicted of a violation of, or conspiracy to violate, section 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title, or a violation of, or conspiracy to violate, section 1028 of this title if committed in connection with passport or visa issuance or use, shall order that the person forfeit to the United States, regardless of any provision of State law— “(i) any conveyance, including any vessel, vehicle, or aircraft used in the commission of a violation of, or a conspiracy to violate, subsection (a); and “(ii) any property real or personal— “(I) that constitutes, or is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title; or “(II) that is used to facilitate, or is intended to be used to facilitate, the commission of a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title. The court, in imposing sentence on such person, shall order that the person forfeit to the United States all property described in this subparagraph. “(B) The criminal forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related administrative or judicial proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and (d) of such section 413.”.

16. 1998

    Pub. L. 105–184 § 2(1)(A) · 112 Stat. 520

    Redesignated · 18 U.S.C. § 982(a)(6); 18 U.S.C. § 982(a)(7)

    Pub. L. 105–184, § 2(1)(A), which directed the amendment of subsec. (a) “by redesignating the second paragraph designated as paragraph (6) as paragraph (7)”, was executed by redesignating par. (6), relating to forfeitures for Federal health care offenses, as (7), to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(6), (7). Pub. L. 105–184, § 2(1)(A), which directed the amendment of subsec. (a) “by redesignating the second paragraph designated as paragraph (6) as paragraph (7)”, was executed by redesignating par. (6), relating to forfeitures for Federal health care offenses, as (7), to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) by redesignating the second paragraph designated as paragraph (6) as paragraph (7); and

17. 1998

    Pub. L. 105–184 § 2(1)(B) · 112 Stat. 520

    Added · 18 U.S.C. § 982(a)(8)

    Pub. L. 105–184, § 2(1)(B), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 105–184, § 2(1)(B), added par. (8).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(8) Courts. The Court, in sentencing a defendant convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy to commit such an offense, if the offense involves telemarketing (as that term is defined in section 2325), shall order that the defendant forfeit to the United States any real or personal property— “(A) used or intended to be used to commit, to facilitate, or to promote the commission of such offense; and “(B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense.”; and

18. 1998

    Pub. L. 105–184 § 2(2) · 112 Stat. 520

    Substituted · 18 U.S.C. § 982(b)(1)(A)

    Pub. L. 105–184, § 2(2), substituted “(a)(1), (a)(6), or (a)(8)” for “(a)(1) or (a)(6)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 105–184, § 2(2), substituted “(a)(1), (a)(6), or (a)(8)” for “(a)(1) or (a)(6)”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)(A), by striking “(a)(1) or (a)(6)” and inserting “(a)(1), (a)(6), or (a)(8)”.

19. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 6(a) · 112 Stat. 3007

    Amended · 18 U.S.C. § 982(b)(1)

    Pub. L. 105–318 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed—

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–318 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed—

    “(A) in the case of a forfeiture under subsection (a)(1), (a)(6), or (a)(8) of this section, by subsections (c) and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853); and “(B) in the case of a forfeiture under subsection (a)(2) of this section, by subsections (b), (c), (e), and (g) through (p) of section 413 of such Act.”

    Enacted provision · exact public law section
    (a) Technical Correction Relating to Criminal Forfeiture Procedures.— Section 982(b)(1) of title 18, United States Code, is amended to read as follows: “(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).”.

20. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 18(b)(2) · 114 Stat. 202

    1. Amended · 18 U.S.C. § 982(a)(6)

       Pub. L. 106–185, § 18(b)(2), (3), designated concluding provisions of subpar. (A) as subpar. (B)

    2. Substituted · 18 U.S.C. § 982(a)(6)

       Pub. L. 106–185, § 18(b)(2), (3), substituted “The court, in imposing sentence on a person described in subparagraph (A)” for “The court, in imposing sentence on such person”

    3. Substituted · 18 U.S.C. § 982(a)(6)

       Pub. L. 106–185, § 18(b)(2), (3), substituted “that subparagraph” for “this subparagraph”

    4. Struck · 18 U.S.C. § 982(a)(6)

       Pub. L. 106–185, § 18(b)(2), (3), struck out former subpar. (B), which read as follows: “The criminal forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related administrative or judicial proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and (d) of such section 413.”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 106–185, § 18(b)(2), (3), designated concluding provisions of subpar. (A) as subpar. (B), substituted “The court, in imposing sentence on a person described in subparagraph (A)” for “The court, in imposing sentence on such person” and “that subparagraph” for “this subparagraph”, and struck out former subpar. (B), which read as follows: “The criminal forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related administrative or judicial proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and (d) of such section 413.”

    Enacted provision · exact public law section
    (2) by striking subparagraph (B); and

21. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 18(b)(1)(A) · 114 Stat. 202

    Inserted · 18 U.S.C. § 982(a)(6)(A)

    Pub. L. 106–185, § 18(b)(1)(A), inserted “section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or” after “a person convicted of a violation of, or conspiracy to violate,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 106–185, § 18(b)(1)(A), inserted “section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or” after “a person convicted of a violation of, or conspiracy to violate,” in introductory provisions.

    Enacted provision · exact public law section
    (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;

22. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 18(b)(1)(B) · 114 Stat. 202

    Substituted · 18 U.S.C. § 982(a)(6)(A)(i)

    Pub. L. 106–185, § 18(b)(1)(B), substituted “the offense of which the person is convicted” for “a violation of, or a conspiracy to violate, subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A)(i). Pub. L. 106–185, § 18(b)(1)(B), substituted “the offense of which the person is convicted” for “a violation of, or a conspiracy to violate, subsection (a)”.

    Enacted provision · exact public law section
    (B) in clause (i), by striking “a violation of, or a conspiracy to violate, subsection (a)” and inserting “the offense of which the person is convicted”; and

23. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 18(b)(1)(C) · 114 Stat. 202

    Substituted · 18 U.S.C. § 982(a)(6)(A)(ii)(I); 18 U.S.C. § 982(a)(6)(A)(ii)(II)

    Pub. L. 106–185, § 18(b)(1)(C), substituted “the offense of which the person is convicted” for “a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A)(ii)(I), (II). Pub. L. 106–185, § 18(b)(1)(C), substituted “the offense of which the person is convicted” for “a violation of, or a conspiracy to violate, subsection (a), section 274A(a)(1) or 274A(a)(2) of the Immigration and Nationality Act, or section 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title”.

    Enacted provision · exact public law section
    (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”;

24. 2001

    International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

    Pub. L. 107–56 title III § 372(b)(2) · 115 Stat. 272

    1. Struck · 18 U.S.C. § 982(a)(1)

       Pub. L. 107–56 struck out “of section 5313(a), 5316, or 5324 of title 31, or” before “of section 1956, 1957, or 1960 of this title”

    2. Struck · 18 U.S.C. § 982(a)(1)

       Pub. L. 107–56 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.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–56 struck out “of section 5313(a), 5316, or 5324 of title 31, or” before “of section 1956, 1957, or 1960 of this title” 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.”

    Enacted provision · exact public law section
    (2) Section 982(a)(1) of title 18, United States Code, is amended— (A) by striking “of section 5313(a), 5316, or 5324 of title 31, or”; and (B) by striking “However” and all that follows through the end of the paragraph.

25. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(b)(10) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 982(a)(8)

    Pub. L. 107–273 substituted “court” for “Court”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 107–273 substituted “court” for “Court”.

    Enacted provision · exact public law section
    (10) Correcting capitalization in section 982.— Section 982(a)(8) of title 18, United States Code, is amended by striking “Court” and inserting “court”.

26. 2006

    Pub. L. 109–295 title V § 551(c) · 120 Stat. 1355

    Inserted · 18 U.S.C. § 982(a)(6)(A)

    Pub. L. 109–295 inserted “554,” before “1425,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 109–295 inserted “554,” before “1425,” in introductory provisions.

    Enacted provision · exact public law section
    (c) Criminal Forfeiture.— Section 982(a)(6) of title 18, United States Code, is amended by inserting “554,” before “1425,”.

27. 2007

    Department of Homeland Security Appropriations Act, 2008

    Pub. L. 110–161 div. E title V § 553(b) · 121 Stat. 1844

    Substituted · 18 U.S.C. § 982(a)(6)(A)

    Pub. L. 110–161 substituted “555” for “554” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(6)(A). Pub. L. 110–161 substituted “555” for “554” in introductory provisions.

    Enacted provision · exact public law section
    (b) Criminal Forfeiture.— Section 982(a)(6) of title 18, United States Code, is amended by striking “554” and inserting “555”.

28. 2010

    Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 title III § 377(4) · 124 Stat. 1376

    Struck · 18 U.S.C. § 982(a)(3)

    Pub. L. 111–203, in concluding provisions, struck out “Resolution Trust Corporation,” after “acquired or held by the” and “or the Office of Thrift Supervision” after “Office of the Comptroller of the Currency”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–203, in concluding provisions, struck out “Resolution Trust Corporation,” after “acquired or held by the” and “or the Office of Thrift Supervision” after “Office of the Comptroller of the Currency”.

    Enacted provision · exact public law section
    (4) in section 982(a)(3)— (A) by striking “Resolution Trust Corporation,”; and (B) by striking “or the Office of Thrift Supervision”;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

29. 2012

    Border Tunnel Prevention Act of 2012

    Pub. L. 112–127 § 5 · 126 Stat. 370

    Inserted · 18 U.S.C. § 982(a)(2)(B)

    Pub. L. 112–127 inserted “555,” after “545,”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 112–127 inserted “555,” after “545,”.

    Enacted provision · exact public law section
    SEC. 5. FORFEITURE.   Section 982(a)(2)(B) of title 18, United States Code, is amended by inserting “555,” after “545,”.

38 of 38 references resolved to an enrolled provision