§ 984. Civil forfeiture of fungible property

Statutory text

In any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution (as defined in section 20 of this title), or precious metals—

it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture; and

it shall not be a defense that the property involved in such an offense has been removed and replaced by identical property.

Except as provided in subsection (b), any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under this section.

No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be commenced more than 1 year from the date of the offense.

Subsection (a) does not apply to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture.

In this subsection—

the term “financial institution” includes a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(b)(7))); 1 and

the term “interbank account” means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer transactions.

Nothing in this section may be construed to limit the ability of the Government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture.

Footnotes

1 See References in Text note below.

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.

1992
AnnunzioWylie Anti-Money Laundering Act
Pub. L. 102–550 title XV § 1522(a) · 106 Stat. 3672
Enacted · 18 U.S.C. § 984
Added Pub. L. 102–550, title XV, § 1522(a), Oct. 28, 1992, 106 Stat. 4063
Source evidence
Code source credit
Added Pub. L. 102–550, title XV, § 1522(a), Oct. 28, 1992, 106 Stat. 4063
Enacted provision · exact public law section
(a) In general.— Chapter 46 of title 18, United States Code, is amended by adding at the end the following new section: “§ 984. Civil forfeiture of fungible property “(a) This section shall apply to any action for forfeiture brought by the Government in connection with any offense under section 1956, 1957, or 1960 of this title or section 5322 of title 31, United States Code. “(b) (1) In any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution (as defined in section 20 of this title), or other fungible property— “(A) it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture; and “(B) it shall not be a defense that the property involved in such an offense has been removed and replaced by identical property. “(2) Except as provided in subsection (c), any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under this section. “(c) No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be commenced more than 1 year from the date of the offense. “(d) (1) No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be taken against funds held by a financial institution in an interbank account, unless the financial institution holding the account knowingly engaged in the offense. “(2) As used in this section, the term ‘interbank account’ means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer trans-actions”.
1994
Money Laundering Suppression Act of 1994
Pub. L. 103–325 title IV § 411(c)(2)(E) · 108 Stat. 2160
Substituted · 18 U.S.C. § 984(a)
Pub. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.
Enacted provision · exact public law section
(E) Sections 984(a), 986(a), and 1956(g) (the first place it appears) of title 18, United States Code.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(1) · 114 Stat. 202
1. Redesignated · 18 U.S.C. § 984(a)
  Pub. L. 106–185, § 13(a)(1), (2), redesignated subsec. (b) as (a)
2. Substituted · 18 U.S.C. § 984(a)
  Pub. L. 106–185, § 13(a)(1), (2), substituted “or precious metals” for “or other fungible property” in par. (2)
3. Substituted · 18 U.S.C. § 984(a)
  Pub. L. 106–185, § 13(a)(1), (2), substituted “subsection (b)” for “subsection (c)” in par. (2)
4. Struck · 18 U.S.C. § 984(a)
  Pub. L. 106–185, § 13(a)(1), (2), struck out former subsec. (a) which read as follows: “This section shall apply to any action for forfeiture brought by the Government in connection with any offense under section 1956, 1957, or 1960 of this title or section 5322 or 5324 of title 31, United States Code.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–185, § 13(a)(1), (2), redesignated subsec. (b) as (a), substituted “or precious metals” for “or other fungible property” in introductory provisions of par. (1) and “subsection (b)” for “subsection (c)” in par. (2), and struck out former subsec. (a) which read as follows: “This section shall apply to any action for forfeiture brought by the Government in connection with any offense under section 1956, 1957, or 1960 of this title or section 5322 or 5324 of title 31, United States Code.”
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(1) · 114 Stat. 202
Redesignated · 18 U.S.C. § 984(b)
Pub. L. 106–185, § 13(a)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–185, § 13(a)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(1) · 114 Stat. 202
Redesignated · 18 U.S.C. § 984(c)
Pub. L. 106–185, § 13(a)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–185, § 13(a)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(3)(A) · 114 Stat. 202
1. Added · 18 U.S.C. § 984(c)(1)
  Pub. L. 106–185, § 13(a)(3)(A), added par. (1)
2. Struck · 18 U.S.C. § 984(c)(1)
  Pub. L. 106–185, § 13(a)(3)(A), struck out former par. (1) which read as follows: “No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be taken against funds held by a financial institution in an interbank account, unless the financial institution holding the account knowingly engaged in the offense.”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 106–185, § 13(a)(3)(A), added par. (1) and struck out former par. (1) which read as follows: “No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be taken against funds held by a financial institution in an interbank account, unless the financial institution holding the account knowingly engaged in the offense.”
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(3)(B) · 114 Stat. 202
1. Substituted · 18 U.S.C. § 984(c)(2)
  Pub. L. 106–185, § 13(a)(3)(B), substituted “In this subsection—” for “As used in this section, the term”
2. Added · 18 U.S.C. § 984(c)(2)
  Pub. L. 106–185, § 13(a)(3)(B), added subpar. (A)
3. Inserted · 18 U.S.C. § 984(c)(2)
  Pub. L. 106–185, § 13(a)(3)(B), inserted “(B) the term” before “ ‘interbank account’ means”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 106–185, § 13(a)(3)(B), substituted “In this subsection—” for “As used in this section, the term”, added subpar. (A), and inserted “(B) the term” before “ ‘interbank account’ means”.
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.
2000
Civil Asset Forfeiture Reform Act of 2000
Pub. L. 106–185 § 13(a)(4) · 114 Stat. 202
Redesignated · 18 U.S.C. § 984(d)
Pub. L. 106–185, § 13(a)(4), added subsec. (d). Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–185, § 13(a)(4), added subsec. (d). Former subsec. (d) redesignated (c).
Enacted provision · exact public law section
(a) In General.— Section 984 of title 18, United States Code, is amended—
Effective date note
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.

14 of 14 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 1(b)(7) of the International Banking Act of 1978, referred to in subsec. (c)(2)(A), is classified to section 3101(7) of Title 12, Banks and Banking.

Amendments1994–2000 · 2 rounds

2000

Subsec. (a). Pub. L. 106–185, § 13(a)(1), (2), redesignated subsec. (b) as (a), substituted “or precious metals” for “or other fungible property” in introductory provisions of par. (1) and “subsection (b)” for “subsection (c)” in par. (2), and struck out former subsec. (a) which read as follows: “This section shall apply to any action for forfeiture brought by the Government in connection with any offense under section 1956, 1957, or 1960 of this title or section 5322 or 5324 of title 31, United States Code.”

Subsec. (b). Pub. L. 106–185, § 13(a)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 106–185, § 13(a)(1), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(1). Pub. L. 106–185, § 13(a)(3)(A), added par. (1) and struck out former par. (1) which read as follows: “No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be taken against funds held by a financial institution in an interbank account, unless the financial institution holding the account knowingly engaged in the offense.”

Subsec. (c)(2). Pub. L. 106–185, § 13(a)(3)(B), substituted “In this subsection—” for “As used in this section, the term”, added subpar. (A), and inserted “(B) the term” before “ ‘interbank account’ means”.

Subsec. (d). Pub. L. 106–185, § 13(a)(4), added subsec. (d). Former subsec. (d) redesignated (c).

1994

Subsec. (a). Pub. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.

Statutory Notes and Related Subsidiaries

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.

Credits

1992–2000 · 3 acts

1992Added Pub. L. 102–550, title XV, § 1522(a), Oct. 28, 1992, 106 Stat. 4063
1994amended Pub. L. 103–325, title IV, § 411(c)(2)(E), Sept. 23, 1994, 108 Stat. 2253
2000Pub. L. 106–185, § 13(a), Apr. 25, 2000, 114 Stat. 218.

Show as published

(Added Pub. L. 102–550, title XV, § 1522(a), Oct. 28, 1992, 106 Stat. 4063; amended Pub. L. 103–325, title IV, § 411(c)(2)(E), Sept. 23, 1994, 108 Stat. 2253; Pub. L. 106–185, § 13(a), Apr. 25, 2000, 114 Stat. 218.)