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Prepared for Members and Committees of Congress
                                                                                    



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Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have
authorized its use for over two hundred years. Every year it redirects property worth hundreds of
millions of dollars from criminal to lawful uses. Forfeiture law has always been somewhat
unique. Legislative bodies, commentators and the courts, however, had begun to examine its
eccentricities in greater detail because under some circumstances it could be not only harsh but
unfair. The Civil Asset Forfeiture Reform Act, P.L. 106-185, 114 Stat. 202 (2000) is a product of
that reexamination.

Modern forfeiture follows one of two procedural routes. Although crime triggers all forfeitures,
they are classified as civil forfeitures or criminal forfeitures according to the nature of the
procedure which ends in confiscation. Civil forfeiture is an in rem proceeding. The property is the
defendant in the case. Unless the statute provides otherwise, the innocence of the owner is
irrelevant--it is enough that the property was involved in a violation to which forfeiture attaches.
As a matter of expedience and judicial economy, Congress often allows administrative forfeiture
in uncontested civil confiscation cases. Criminal forfeiture is an in personam proceeding, and
confiscation is only possible upon the conviction of the owner of the property.

The Supreme Court has held that authorities may seize moveable property without prior notice or
an opportunity for a hearing but that real property owners are entitled as a matter of due process
to preseizure notice and the chance for a hearing. As a matter of due process, innocence may be
irrelevant in the case of an individual who entrusts his or her property to someone who uses the
property for criminal purposes. Although some civil forfeitures may be considered punitive for
purposes of the Eighth Amendment's excessive fines clause, civil forfeitures do not implicate the
Fifth Amendment's double jeopardy clause unless they are so utterly punitive as to belie remedial
classification.

The statutes governing the disposal of forfeited property may authorize destruction of property, or
transfer for governmental purposes, or deposit of the property or the proceeds from its sale in a
special fund. Intergovernmental transfers and the use of special funds are hallmarks of federal
forfeiture. Every year federal agencies transfer hundreds of millions of dollars worth of property
to state and local law enforcement officials in compensation for their contribution to joint
enforcement efforts.

This report is available in an abridged form, without citations, footnotes, or appendices, as CRS
Report RS22005, Crime and Forfeiture: In Short, by Charles Doyle.




   
                                                                                                                          



    
     Introduction............................................................................................................................... 1
     Background ............................................................................................................................... 1
     Modern Forfeiture Law ............................................................................................................. 3
         Property and Trigger Crimes............................................................................................... 3
         Civil Procedure ................................................................................................................... 5
         Criminal Procedure ........................................................................................................... 12
         Disposition of Forfeited Assets......................................................................................... 18
         Federal Funds.................................................................................................................... 18
     Constitutional Considerations ................................................................................................. 24
         Eighth Amendment ........................................................................................................... 25
         Double Jeopardy ............................................................................................................... 26
         Sixth Amendment ............................................................................................................. 27
         Due Process....................................................................................................................... 28
         Article III .......................................................................................................................... 30
         Fourth Amendment ........................................................................................................... 31
         First Amendment............................................................................................................... 32


   ¡
Appendices .................................................................................................................................... 33



   
Author Contact Information .........................................................................................................110




    
                                                                                                        




This is an overview of federal forfeiture law.1 It sketches the origins and general attributes of
forfeiture, describes the distribution of the hundreds of millions of dollars it generates, and
outlines some of the constitutional issues it raises.


    
Congress and state legislatures have authorized the use of forfeiture for over two hundred years.
Forfeiture law has always been somewhat unique. Its increased use has highlighted its
eccentricities and attendant policy concerns.

Present forfeiture law has its roots in early English law. It is reminiscent of three early English
procedures: deodands, forfeiture of estate or common law forfeiture, and statutory or commercial
forfeiture.2

At early common law, the object that caused the death of a human being ­ the ox that gored, the
knife that stabbed, or the cart that crushed ­ was confiscated as a deodand.3 Coroners' inquests
and grand juries, bound with the duty to determine the cause of death, were obligated to identify
the offending object and determine its value as well.4 The Crown distributed the proceeds realized
from the confiscation of the animal or deadly object for religious and charitable purposes in the
name of the deceased.5

Although deodands were not unknown in the American colonies,6 they appear to have fallen into
disuse or been abolished by the time of the American Revolution or shortly thereafter.7 In spite of
their limited use in this country, deodands and the practice of treating the offending animal or
object as the defendant have frequently been cited to illustrate the characteristics of modern civil
forfeiture.8

1
  Forfeiture is the loss of any right ­ ordinarily a property right ­ as a consequence of a breach of some legal obligation,
BLACK'S LAW DICTIONARY, 667 (8th ed. 2004). Discussion in this report is limited to forfeitures, other than the
forfeiture of bail, associated with criminal conduct. Throughout this report "forfeiture" and "confiscation" will be used
interchangeably.
2
  Austin v. United States, 509 U.S. 602, 611-13 (1993); Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663,
680-82 (1974); Bane of American Forfeiture Law--Banished at Last? 62 CORNELL LAW REVIEW 768, 770 (1977).
3
  Goldsmith-Grant Co. v. United States, 254 U.S. 505 (1921); 1 HALE, HISTORY OF THE PLEAS OF THE CROWN 419
(1778); 2 POLLOCK & MAITLAND, THE HISTORY OF ENGLISH LAW 473 (2d ed. 1923); Finklestein, The Goring Ox: Some
Historical Perspective on Deodands, Forfeiture, Wrongful Death and the Western Notion of Sovereignty, 46 TEMPLE
LAW QUARTERLY 169 (1973).
4
  1 HALE, HISTORY OF THE PLEAS OF THE CROWN, 419 (1778); 1 BLACKSTONE, COMMENTARIES, 290 (1765-69). The
value of the offending object or animal had to be determined because the owner was permitted to recover his property
as long as he paid the Crown its value, id.
5
  Id. Originally, the proceeds were used to pay for a Mass to be said for the repose of the soul of the deceased, hence
the name ­ giving ("dand") to God ("deo").
6
  GOEBEL, LAW ENFORCEMENT IN COLONIAL NEW YORK 717 (1944); SEMMES, CRIME AND PUNISHMENT IN EARLY
MARYLAND 136 (1938); SCOTT, CRIMINAL LAW IN COLONIAL VIRGINIA 52 (1930).
7
  BISHOP, COMMENTARIES ON THE CRIMINAL LAW §827 (7th ed. 1882); N.J. Const. Art.XVII (1776); Vt. Const. ch.2, §35
(1777); N.H. Const. pt.2, Art.89 (1783); Del. Const. Art.I, §15 (1792).
8
  United States v. United States Coin & Currency, 401 U.S. 715, 720-21 (1971); Calero-Toledo v. Pearson Yacht
Leasing Co., 416 U.S. at 680-81; Goldsmith-Grant Co. v. United States, 254 U.S. at 510-11.




      
                                                                                                        


Forfeiture of estate or common law forfeiture, unlike deodands, focused solely on a human
offender. At common law, anyone convicted and attained for treason or a felony forfeited all his
lands and personal property.9 Attainder, the judicial declaration of civil death, occurred as a
consequence of the pronouncement of final sentence for treason or felony.10 In colonial America,
common law forfeitures were rare.11 After the Revolution, the Constitution restricted the use of
common law forfeiture in cases of treason, and Congress restricted its use, by statute, in the case
of other crimes.12

The third antecedent of modern forfeiture, statutory or commercial forfeiture, figured prominently
in cases in admiralty and on the revenue side of the Exchequer in pre-colonial England.13 It was
used fairly extensively against smuggling and other revenue evasion schemes in the American
colonies and has been used ever since.14 In most instances, the statutes have called for in rem
confiscation proceedings in which, as with deodands, the offending object is the defendant;
occasionally, they have established in personam procedures where confiscation occurs as the
result of the conviction of the owner of the property.15

Although contemporary American forfeiture law owes much to the law of deodands and the law
of forfeiture of estate, it is clearly a descendant of English statutory or commercial forfeiture.16

9
  1 HALE, HISTORY OF THE PLEAS OF THE CROWN 354-67 (1778); 1 CHITTY, A PRACTICAL TREATISE ON CRIMINAL LAW
727-39 (1816); 1 STEPHENS, A HISTORY OF THE CRIMINAL LAW OF ENGLAND 468-88 (1883); 4 BLACKSTONE,
COMMENTARIES 376-81 (1765-69).
10
   Id. at 373-74. Attainder not only resulted in forfeiture but in corruption of the blood as well, "so that an attained
person can neither inherit lands or hereditaments from his ancestors, nor retain those he is already in possession of, nor
transmit them by descent to any heir; but the same shall escheat to the lord of the fee, subject to the king's superior
right of forfeiture; and the person attained shall also obstruct all descents of his posterity, wherever they are obliged to
derive a title through him to a remoter ancestor." Id. at 381.
11
   SEMMES, CRIME AND PUNISHMENT IN EARLY MARYLAND 107-10 (1938); GOEBEL, LAW ENFORCEMENT IN COLONIAL
NEW YORK 717 (1944). During the Revolution, some of the states enacted provisions forfeiting the land and goods of
those considered sympathetic to the Crown, see e.g., 5 Mass.Acts & Resolves 1769-1780, 966-67 (1779); 9 Hening's
(Va.) Stat. at Large 1775-1778, ch.9 (1777); 1 N.H. Laws 22 (1778).
12
   "The Congress shall have power to declare the punishment of treason, but no attainder to treason shall work
corruption of blood, or forfeiture except during the life of the person attainted." U.S.Const. Art.III, §3.
"[N]o conviction or judgment for any of the offenses aforesaid, shall work corruption of blood, or any forfeiture of
estate." 1 Stat. 177 (1790). This provision and its successors remained in force until 1984, Rev. Stat. §5326; 35 Stat.
1151 (1909); 62 Stat. 837 (1948); 18 U.S.C. 3563 (1982 ed.); 98 Stat. 1987 (1984).
13
   1 MADDOX, HISTORY AND ANTIQUITIES OF THE EXCHEQUER 781-82 (1769); HARPER, THE ENGLISH NAVIGATION LAWS
109-10 (1964); Currency, The Courts in the American Colonies 11 AMERICAN JOURNAL OF LEGAL HISTORY 253, 357
(1967). Admiralty jurisdiction extended to piracy, spoils of war, and ship registration offenses, all of which called for
confiscation, 1 HOLDSWORTH, HISTORY OF ENGLISH LAW 328 (1903 ed.); ii SELDON SOCIETY, SELECT PLEAS OF THE
COURT OF ADMIRALTY, A.D.1517-1602 (Vol.II) xvi-xxii (Marsden ed. 1897). The Exchequer dealt with customs duties
and other revenue matters.
14
   HARPER, THE ENGLISH NAVIGATION LAWS 109-11 (1964); Currency, The Courts in the American Colonies, 11
AMERICAN JOURNAL OF LEGAL HISTORY 253, 357 (1967).
15
   E.g., 18 Stat. 186, 188 (1874) (smuggling); 41 Stat. 305, 315 (1919) (prohibition); 18 U.S.C. 3665 (unlawful firearms
possession).
16
   The Supreme Court in Calero-Toledo summarized the relative contributions of the three English procedures with the
observation that:
      Deodands did not become part of the common law tradition of this country. Nor has forfeiture of estate as a
      consequence of a federal criminal conviction been permitted. Forfeiture of estate resulting from a conviction
      for treason has been constitutionally proscribed by Art.III, §3 though forfeitures of estate for the lifetime of a
      traitor have been sanctioned. But "[l]ong before the adoption of the Constitution the common law courts in
      the Colonies ­ and later in the states during the period of Confederation ­ were exercising jurisdiction in rem
(continued...)



      
                                                                                                       



   

¢   
Modern forfeiture is a creature of statute. While there are some common themes and general
patterns concerning the crimes that trigger forfeiture, the property subject to confiscation, and the
procedures associated with forfeiture, the federal forfeiture statutes are matters of legislative
choice and can vary greatly.17

Virtually every kind of property, real or personal, tangible or intangible, may be subject to
confiscation under the appropriate circumstances.18 The laws that call for the confiscation of
contraband per se, property whose very possession has been outlawed, were at one time the most
prevalent and can still be found.19 Property, particularly vehicles used to facilitate the commission
of a crime and without which violation would be less likely, has also long been the target of
confiscatory statutes.20

In some instances, Congress has upon the profits of crime, authorized the confiscation of the
direct and indirect proceeds of illegal activities.21 And under some circumstances it has authorized
the forfeiture of substitute assets when the tainted property subject to confiscation under a
particular statute has become unavailable.22

(...continued)
      in the enforcement of [English and local] forfeiture statutes" which provided for the forfeiture of
      commodities and vessels used in violation of the customs and revenue laws. And almost immediately after
      adoption of the Constitution, ships and cargoes involved in customs offenses were made subject to forfeiture
      under federal law, as were vessels used to deliver slaves to foreign countries, and somewhat later those used
      to deliver slaves to this country. The enactment of forfeiture statutes has not abated; contemporary federal
      and state forfeiture statutes reach virtually any type of property that might be used in the conduct of a
      criminal enterprise. 416 U.S. at 682-83 (citations and footnotes omitted).
Calero-Toledo, however, was written prior to legislation apparently authorizing forfeiture of the estates of certain
terrorists, 18 U.S.C. 981(a)(1)(G)(i)("The following property is subject to forfeiture to the United States . . .(G) All
assets, foreign or domestic ­ (i) of any individual . . . engaged in planning or perpetrating 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. . . "); see also, 50 U.S.C. 1702(a)(1)(C). At least to date, this authority has rarely, if ever, been used.
17
   A list of federal forfeiture laws, along with the type of property whose confiscation they permit or require, is
appended, as are the citations to state RICO and drug forfeiture statutes.
18
   E.g., 21 U.S.C. 853(b); 18 U.S.C. 1963(b)("[p]roperty subject to criminal forfeiture under this section includes ­ (1)
real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal
property, including rights, privileges, interests, claims and securities");United States v. Dicter, 198 F.3d 1284, 1290
(11th Cir. 1999) (a physician's license to practice medicine is forfeitable under section 853); the text of 18 U.S.C. 1963
is appended.
19
   E.g., 18 U.S.C. 2513 (wiretapping equipment), 18 U.S.C. 844 (unlawful explosives); 19 U.S.C. 467 (distilled spirits
without a tax stamp).
20
   E.g., 19 U.S.C. 1595a (conveyances used for smuggling); 18 U.S.C. 492 (counterfeiting paraphernalia); 16 U.S.C.
128 (guns and traps used in violation of hunting and trapping restrictions); 18 U.S.C. 229B("any person convicted
under section 229A(a)[relating to chemical weapons] shall forfeit to the United States . . . any of the property used in
any manner or part, to commit, or to facilitate the commission of such violation").
21
   E.g., 18 U.S.C. 1963(a)(3) (racketeer influenced and corrupt organizations (RICO)); 21 U.S.C. 881(a)(6) (drug
trafficking).
22
   "If the property described in subsection (a) [listing the types of property forfeitable], as a result of any act or
omission of the defendant ­ (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to,
or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially
(continued...)



   
                                                                                                         


Traditionally, the crimes that triggered forfeiture were those that threatened the government's
revenue interest, e.g., smuggling, tax evasion, hunting or fishing without a license, or those
crimes which because of their perceived threat to public health or morals might have been
considered public nuisances subject to abatement, e.g., gambling, or dealing in obscene material
or illicit drug use.

Beginning with the racketeering statutes, a number of jurisdictions have created another category
of forfeiture warranting offenses ­ crimes that involve substantial economic gain for the
defendant even if not at the expense of government revenues, but which may greatly enhance
government revenues, e.g., racketeering and money laundering.23 A prime example of this
approach is the Civil Asset Forfeiture Reform Act (CAFRA),24 which makes forfeitable the
proceeds from any of the crimes upon which a money laundering or RICO prosecution might be
based.25

Following the terrorist attacks on September 11, 2001, Congress authorized the confiscation of
another type of crime-related property ­ property owned by certain terrorists regardless of
whether the property is traceable, used to facilitate, or connected in any other way to any practical
crime.26


(...continued)
diminished in value; or (5) has been commingled with other property which cannot be divided without difficulty; the
court shall order the forfeiture of any other property of the defendant up to the value of any property described in
paragraphs (1) through (5)." 18 U.S.C. 1963(m); 21 U.S.C. 853(p); see also, 18 U.S.C. 984(a)(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 precious metals--(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").
23
   18 U.S.C. 981, 982 (money laundering); 18 U.S.C. 1963 (RICO).
24
   P.L. 106-185, 114 Stat. 202 (2000).
25
   18 U.S.C. 981(a)(1)(C)("the following property is subject to forfeiture to the United States . . . (C) Any property ,
real or personal, which constitutes or is derived from proceeds traceable to . . . any offense constituting `specified
unlawful activity' (as defined in section 1956(c)(7) of this title)[i.e., the list of predicate offenses form money
laundering (18 U.S.C. 1956) which list includes by cross reference all the predicate offenses for a RICO prosecution)],
or a conspiracy to commit such offense").
As one court noted, this trend could have unfortunate consequences, United States v. Funds Held in the Name or for the
Benefit of Wetterer, 210 F.3d 96, 110 (2d Cir. 2000)("We have previously observed the government's virtually
unchecked use of the civil forfeiture statutes and the disregard for due process that is buried in those statutes. Another
source of potential abuse is that the forfeited funds are kept by the Department of Justice as a supplement to its budget.
Thus the agency that conceives the jurisdiction and ground for seizures, and executes them, also absorbs their proceeds.
This arrangement creates incentives that evidently require a more-than-human judgment and restraint. The Supreme
Court has politely remarked on the Department of Justice's direct pecuniary interest in maximizing drug forfeitures to
meet the Department's budget target. See United States v. James Daniel Good Real Property, 510 U.S. 43, 56 n.2
(1993)(quoting 1990 memo of the Attorney General: `We must significantly increase production to reach our budget
target. . . . Every effort must be made to increase forfeiture income during the remaining three months of fiscal year
1990.'). The bare financial facts of this case shine a light on the corrupting incentives of this arrangement: we see
aggressive but marginal claims asserted on dubious jurisdiction to seize charitable funds raised for the relief of abject
orphans in an impoverished country, so that the money can be diverted for expenditure by the Department of Justice").
Sensitive to such criticism, CAFRA sought to balance increased procedural efficiency with additional procedural
safeguards.
26
   50 U.S.C. 1702(a)(1)(C)(". . .the President may. . . when the United States is engaged in armed hostilities or has been
attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United
States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized,
aided, or engaged in such hostilities or attacks against the United States . . ."); see also, 18 U.S.C. 981(a)(1)(G)(i)(text
(continued...)



   
                                                                                                           


   
Forfeiture follows one of three procedural routes. Although crime triggers all forfeitures, they are
classified as civil forfeitures or criminal forfeitures according to the nature of the judicial
procedure which ends in confiscation or administrative forfeitures if confiscation occurs without
judicial proceedings.

Civil forfeiture is ordinarily the product of a civil, in rem proceeding in which the property is
treated as the offender.27 Within the confines of due process and the language of the applicable
statutes, the guilt or innocence of the property owner is irrelevant; it is enough that the property
was involved in a violation to which forfeiture attaches in the manner in which statute demands.28
Criminal forfeiture proceedings, on the other hand, are in personam proceedings, and confiscation
is only possible upon the conviction of the owner of the property29 and only to the extent of
defendant's interest in the property.30

Historically, most forfeiture statutes called for civil forfeiture. The procedure for forfeiture varies
according to the statute which authorizes confiscation. Although each usually contains a few
procedural features, the drug, money laundering, and several other civil forfeiture statutes fill in
their procedural gaps by cross-reference to the regime established under the customs laws.31
CAFRA contains generally applicable procedures and thus reduces the extent to which civil
forfeiture procedural matters are resolved by reference solely to the customs laws.32




(...continued)
at footnote 16, supra). At first glance, the two seem to resemble common law forfeiture of estate.
27
   "This [civil] `forfeiture proceeding . . . is in rem. It is the property which is proceeded against, and by resort to a legal
fiction, held guilty and condemned as though it were conscious instead of inanimate and insentient,'" United States v.
Ursery, 518 U.S. 267, 275 (1996), quoting Various Items of Personal Property v. United States, 282 U.S. 577, 284
(1931); see also, United States v. Cherry, 330 F.3d 658, 669 n.16 (4th Cir. 2003); United States v. All Funds Distributed
to Weiss, 345 F.3d 49, 55 (2d Cir. 2003); United States v. Nava, 404 F.3d 1119, 1123-124 (9th Cir. 2005); United States
v. Timley, 443 F.3d 615, 627-28 (8th Cir. 2006); Via Mat International South America Ltd. V. United States, 446 F.3d
1258, 1264 (11th Cir. 2006).
28
   Bennis v. Michigan, 516 U.S. 442, 453 (1996); United States v. One "Piper" Aztec "F" DeLuxe Model 250 PA 23
Aircraft, 321 F.3d 355, 360 (3d Cir. 2003); United States v. Funds in the Amount of Thirty Thousand Six Hundred
Seventy Dollars (Calhoun), 403 F.3d 448, 469 (7th Cir. 2005).
29
   United States v. Lazarenko, 476 F.3d 642, 647 (9th Cir. 2007); United States v. Totaro, 345 F.3d 989, 993 (8th Cir.
2003); cf., United States v. Ferrario-Pozzi, 368 F.3d 5, 8 (1st Cir. 2004).
30
   E.g., 21 U.S.C. 853(a); 18 U.S.C. 982, 1963(a); United States v. Nava, 404 F.3d 1119, 1124 (9th Cir. 2005).
31
   18 U.S.C. 981(d); 21 U.S.C. 881(d).
32
   18 U.S.C. 983; the new procedural framework, however, does not apply to forfeitures that originate under the
customs laws, the tax laws, and several others, 18 U.S.C. 983(i)("In this section, the term `civil forfeiture statute' ­ (1)
means any provision of Federal law providing for the forfeiture of property other than as a sentence imposed upon
conviction of a criminal offense; and (2) does not include ­ (A) the Tariff Act of 1930 or any other provision of law
codified in title 19 [(the customs laws)]; (B) the Internal Revenue Code of 1986 [(federal tax laws)]; (C) the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)[(relating to misbranded, adulterated and other unhealthy or
unsafe food, drugs, or cosmetics)]; (D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.) or the International
Emergency Economic Powers Act (IEEPA)(50 U.S.C. 1701 et seq.); or (E) section 1 of title VI of the Act of June 15,
1917 (40 Stat. 233; 22 U.S.C. 401)[relating to the export of war materials in violation of the Neutrality Act"); see also,
18 U.S.C. 985 (civil forfeiture of real property), 986 (subpoena of bank records) which contain additional provisions
applicable to "all civil forfeitures"and to "any civil forfeiture" respectively.




   
                                                                                                          


As a general rule, since the proceedings are in rem, actual or constructive possession of the
property by the court is a necessary first step in any confiscation proceeding.33 The arrest of the
property may be accomplished either by warrant under the Federal Rules of Criminal Procedure
or; if judicial proceedings have been filed, by a warrant under the Supplemental Rules of Certain
Admiralty and Maritime Claims; or without warrant, if there is probable cause and other grounds
under which the Fourth Amendment permits a warrantless arrest; or pursuant to equivalent
authority under state law.34 Because realty cannot ordinarily be seized until after the property
owner has been given an opportunity for a hearing,35 the procedure differs slightly in the case of
real property.36 Where the seizure of the property causes an undue hardship, CAFRA affords an
owner the opportunity to petition the court for release of the property pending the completion of
forfeiture proceedings.37 Conversely, the government may be entitled to a restraining or protective
order to preserve the property pending the completion of forfeiture proceedings.38


33
   United States v. Ursery, 518 U.S. 267, 289 (1996)("`In contrast to the in personam nature of criminal actions,
[forfeiture] actions in rem have traditionally been viewed as civil proceedings, with jurisdiction dependent upon seizure
of a physical object'")(quoting United States v. One Assortment of 89 Firearms, 465 U.S. 354, 363 (1984); Calero-
Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 684 (1974)); see also, Dobbin's Distillery v. United States, 96 U.S.
395, 396 (1877); United States v. $506,231 (Lombardo), 125 F.3d 442, 447-49 (7th Cir. 1997); United States v. All
Funds Distributed to Weiss, 345 F.3d 49, 55 (2d Cir. 2003); United States v. All Funds in Account Banco Espanol de
Credito, Spain, 295 F.3d 23, 27 n* (D.C. Cir. 2002); but see, Contents of Account Number 03001288 (Jalal) v. United
States, 344 F.3d 399, 404-405 (3d Cir. 2003).
In fact, until the Supreme Court's decision in Republic National Bank v. United States, 506 U.S. 80 (1992), confirmed
that initial rather than continued control was ordinarily sufficient to support jurisdiction, some believed that a court's
continued jurisdiction depended upon its continued control over the res, and that its power to proceed disappeared if the
property were released other than by accident, fraud or some other improper or inequitable means, United States v.
$1,322,242.58 (Road Atlanta, Inc.), 938 F.2d 433, 437 (3d Cir. 1991); United States v. $84,740.00 (Potter), 900 F.2d
1402, 1404 (9th Cir. 1990); United States v. Four Parcels of Real Property, 941 F.2d 1428, 1435-436 (11th Cir. 1991);
Appellate Jurisdiction for Civil Forfeiture: The Case for the Continuation of Jurisdiction Beyond the Release of the
Res, 65 FORDHAM LAW REVIEW 679 (1991).
34
   18 U.S.C. 981(b).
35
   United States v. James Daniel Good Real Property, 510 U.S. 43 (1993).
36
   18 U.S.C. 985.
37
   18 U.S.C. 983(f); ("(1) A claimant under subsection (a) is entitled to immediate release of seized property if ­ (A) the
claimant has a possessory interest in the property; (B) the claimant has sufficient ties to the community to provide
assurance that the property will be available at the time of the trial; (C) the continued possession by the Government
pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as
preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless; (D)
the claimant's likely hardship from the continued possession by the Government of the seized property outweighs the
risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during
the pendency of the proceeding; and (E) none of the conditions set forth in paragraph (8) applies. . . .(8) This subsection
shall not apply if the seized property ­ (A) is contraband, currency, or other monetary instrument, or electronic funds
unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business
which has been seized; (B) is to be used as evidence of a violation of the law; (C) by reason of design or other
characteristic, is particularly suited for use in illegal activities; or (D) is likely to be used to commit additional criminal
acts if returned to the claimant"); United States v. Undetermined Amount of U.S. Currency (Warren), 376 F.3d 260,
263-69 (4th Cir. 2004)(petition for release seized funds in order to pay attorneys' fees without incurring undue hardship
denied on the grounds the funds would likely be dissipated before the completion of forfeiture proceedings).
In a similar vein perhaps conscious of the fact that the seizure of vessel may cause economic hardship greater than its
market value, the customs laws authorize the release of seized property upon the posting of an amount equal to its
value, 19 U.S.C. 1614.
38
   18 U.S.C. 983(j); United States v. Melrose East Subdivision, 357 F.3d 493, 498-500 (5th Cir. 2004)(recognizing the
government's right to seek a restraining order, but acknowledging that in such cases due process may require a post-
restraint, pretrial hearing on the forfeitability of the encumbered property).




   
                                                                                                         


In the interests of expediency and judicial economy, Congress has sometimes authorized the use
of administrative forfeiture as the first step after seizure in uncontested cases.39 The procedure
requires that those with an interest in the property be notified and given an opportunity to request
judicial forfeiture proceedings;40 notice of the seizure but not of the government's intent to seek
confiscation is not in itself sufficient.41 If there are no properly filed claims, the property is
summarily declared forfeited.42 If the government has failed to provide adequate notice or failed
to honor some other due process obligation, the declaration of administrative forfeiture may be
set aside.43 When an administrative forfeiture is set aside for want of notice, section 983(e) gives
the government 60 days to initiate judicial forfeiture proceedings notwithstanding the expiration
of an otherwise applicable statute of limitations.44


39
   Under CAFRA and the customs laws, administrative forfeiture may be used if the property to be forfeited is cash; or
if the property is worth less than $500,000; or is a boat, plane or car used to carry or store drugs, 19 U.S.C. 1607; 21
U.S.C. 881(d); 18 U.S.C. 981(d). Under the tax laws, the procedure is available with respect to personal property
valued at $100,000 or less, 26 U.S.C. 7325. One commentator has estimated that each year administrative forfeitures
account for 80 to 85 percent of the 30,000 federal forfeitures, Rabiej, Proposed Supplemental Rule G Governing
Pretrial Procedures in Forfeiture in Rem Actions, 51 FEDERAL LAWYER 41, 42 (Sept. 2004).
40
   18 U.S.C. 983(a); 19 U.S.C. 1607, 1608; Dusenberry v. United States, 534 U.S. 161, 167 (2002); United States v.
James Daniel Good Real Property, 510 U.S. 43, 48 (1993).
At any point after seizure, an owner or anyone else with a property interest in the res may petition for remission or
mitigation. Remission is a petition for return of all of the property seized or its entire value; mitigation for return of
only a portion, see e.g., 28 C.F.R. pt. 9. The authority to grant remission or mitigation is ordinarily a matter of
discretion vested in the executive official whose agency is responsible for enforcement of the law under which the
property was confiscated and is subject to only limited review. Courts will not review a decision to grant or withhold
remission or mitigation, although they will grant relief upon a showing of refusal to consider a remission petition, In re
$67,470.00 (Averhart), 901 F.2d 1540, 1543-545 (11th Cir. 1990); Yskamp v. DEA, 163 F.3d 767, 770 (3d Cir. 1998);
Vereda, Ltda v. United States, 271 F.3d 1367, 1371 (Fed. Cir. 2001); Congress, of course, may provide otherwise, e.g.,
18 U.S.C. 3668 (permitting judicial remission or mitigation for forfeitures under federal liquor laws).
41
   United States v. One Star Class Sloop Sailboat (Flash II), 458 F.3d 16, 22 (1st Cir. 2006).
42
   19 U.S.C. 1609; 26 U.S.C. 7325.
43
   "(1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute
who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person's
interest in the property, which motion shall be granted if ­ (A) the Government knew, or reasonably should have
known, of the moving party's interest and failed to take reasonable steps to provide such party with notice; and (B) the
moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim. (2)(A)
Notwithstanding the expiration of any applicable statute of limitations, if the court grants a motion under paragraph (1),
the court shall set aside the declaration of forfeiture as to the interest of the moving party without prejudice to the right
of the Government to commence a subsequent forfeiture proceeding as to the interest of the moving party. (B) Any
proceeding described in subparagraph (A) shall be commenced ­ (i) if nonjudicial, within 60 days of the entry of the
order granting the motion; or (ii) if judicial, within 6 months of the entry of the order granting the motion. (3) A motion
under paragraph (1) may be filed not later than 5 years after the date of final publication of notice of seizure of the
property. (4) If, at the time a motion made under paragraph (1) is granted, the forfeited property has been disposed of
by the Government in accordance with law, the Government may institute proceedings against a substitute sum of
money equal to the value of the moving party's interest in the property at the time the property was disposed of. (5) A
motion filed under this subsection shall be the exclusive remedy for seeking to set aside a declaration of forfeiture
under a civil forfeiture statute," 18 U.S.C. 983(e). Otherwise, "[o]nce an administrative forfeiture is complete, a district
court may review only whether the forfeiture comported with constitutional due process guarantees," Taylor v. United
States, _ F.3d _, _ (5th Cir. Mar. 29, 2007); Mesa Valderrama, 417 F.3d 1189, 1194 (11th Cir. 2005).
44
   This resolved an earlier conflict among the circuits over whether the statute of limitations barred further forfeiture
proceedings in cases where an administrative forfeiture was set aside after the period of limitations had run. United
States v. Dusenberry, 201 F.3d 763, 768 (6th Cir. 1999); cf., Boero v. Drug Enforcement Administration, 111 F.3d 301,
306 (2d Cir. 1997); contra, United States v. Marolf, 173 F.3d 1213, 1216-217 (9th Cir. 1999); Clymore v. United States,
164 F.3d 569, 572-74 (10th Cir. 1999); Kadonsky v. United States, 216 F.3d 499, 505-6 (5th Cir. 2000); cf., United
States v. One Toshiba Color Television (McGlory), 213 F.3d 147, 158-59 (3d Cir. 2000).




   
                                                                                                    


CAFRA establishes a timetable for administrative forfeitures under which the government must
notify those with a property interest of its intent to confiscate within 60 days of seizure.45
Thereafter, the property owner has at least 35 days within which to file a claim and request a
judicial hearing.46 The government has 90 days within which to initiate judicial proceedings after
the receipt of a claim.47 In customs or tax cases or cases that predate the passage of CAFRA, due
process dictates the speed with which the government must act to initiate forfeiture proceedings
following seizure of the property.48

When administrative forfeiture is unavailable, or when a claimant has successfully sought judicial
proceedings, or when the government has elected not to proceed administratively, the government
may seek to secure a declaration of forfeiture by initiate civil judicial proceedings filing either a
complaint or a libel against the property.49 The property owners have 30 days after the
government's filing to submit a claim,50 and 20 days thereafter to tender their answer.51

The period within which a claimant must register his or her intent to contest may be a fairly
narrow window, and the courts may consider time of the essence, as long as the government has
made reasonable efforts to notify interested parties.52 Even if the government sustains no
appreciable damage, a claim not promptly filed may be a claim lost.53

In money laundering and other civil forfeitures governed by CAFRA, the government must
establish that the property is subject to confiscation by a preponderance of the evidence.54 In
cases such as those arising under the customs laws and cases filed before the effective date of
CAFRA amendments, the government must establish probable cause to believe that the property


45
   18 U.S.C. 983(a)(1). The timetables of 18 U.S.C. 983 apply to the noncustoms forfeiture statutes that once relied
extensive upon customs procedure, e.g., 18 U.S.C. 981 (money laundering) and 21 U.S.C. 881 (controlled substances),
they do not apply to forfeitures arising under the customs laws, 18 U.S.C. 983(i).
46
   18 U.S.C. 983(a)(2)(the deadline is set in the notice but must give the claimant at least 35 days from the mailing of
personal notice; 30 days from the final publication notice, if personal notice is not received).
47
   18 U.S.C. 983(a)(3).
48
   United States v. Robinson, 434 F.3d 357, 364 (5th Cir. 2005); see discussion infra, at footnote 181 and accompanying
text; Delay Between Seizure of Personal Property by Federal Government and Institution of Proceedings for Forfeiture
Thereof as Violative of Fifth Amendment Due Process Requirements, 69 ALR Fed. 373.
49
   18 U.S.C. 983(a)(3); 19 U.S.C. 1608.
50
   18 U.S.C. 983(a)(4)(A); 20 days in customs cases, F.R.Civ.P.Supp.Rule C(6).
51
   18 U.S.C. 983(a)(4)(B); F.R.Civ.P.Supp. Rule C(6).
52
   United States v. Clark, 84 F.3d 378, 380 (10th Cir. 1996)("Due process thus requires `notice reasonably calculated,
under all the circumstances to apprise interested parties of the pendency of the act and afford them an opportunity to
present their objects'")(quoting Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 800 (1983)); Armendariz-Mata v.
U.S. Dept. of Justice, 82 F.3d 679, 683 (5th Cir. 1996); United States v. Marolf, 173 F.3d 1213, 1216 (9th Cir. 1999);
Clymore v. United States, 164 F.3d 569, 572-74 (10th Cir. 1999); Ikelionwu v. United States, 150 F.3d 233, 238-39 (2d
Cir. 1998).
53
   E.g., United States v. DEA, 92 F.3d 648, 654 (8th Cir. 1996)("Should the citizen prove inept, the government may
keep the property, without having to explain its actions"); United States v. Lot 65 Pine Meadow, 976 F.2d 1155, 1156-
157 (8th Cir. 1992)(upholding a decree of forfeiture by default for filing a verified claim and answer on August 26,
1991 instead of on August 13 when the claim should have been filed and on August 20 when the answer was due);
Sarit v. U.S. Drug Enforcement Administration, 987 F.2d 10, 15-7 (1st Cir. 1993); United States v. Commodity Account
No. 549 54930 (Lindstrom), 219 F.3d 595, 597-98 (7th Cir. 2000).
54
   18 U.S.C. 983(c); United States v. 5208 Los Franciscos Way, 385 F.3d 1187, 1191 (9th Cir. 2004); United States v.
$124, 700 in U.S. Currency (Gomez), 458 F.3d 822, 825 (8th Cir. 2006); United States v. 6 Fox Street, 480 F.3d 38, 42
(1st Cir. 2007); United States v. 3234 Washington Avenue North, 480 F.3d 841, 843 (8th Cir. 2007).




   
                                                                                                     


is subject to forfeiture.55 If the government overcomes this initial obstacle, the burden shifts to the
claimant, who must establish standing56 and, by a preponderance of the evidence, that his or her
interest in the property is not subject to a declaration of forfeiture.57

A claimant may successfully challenge confiscation on several grounds. He or she may be able to
show that the predicate criminal offense did not occur or that his or her property lacks the
statutorily required nexus to the crime.58 For example, when the government claims that property
is forfeitable because it was used to commit or to facilitate the commission of a crime, it must
"establish that there was a substantial connection between the property and the offense."59 A
claimant's innocence or even acquittal only bars civil forfeiture to the extent that a statute permits
or due process requires.60 For most civil forfeitures, other than those arising under the tax or

55
   19 U.S.C. 1615; United States v. 3234 Washington Avenue North,480 F.3d 841, 843 (8th Cir. 2007); United States v.
One Harrington and Richardson Rifle, Model M-14, 7.62 Caliber, 378 F.3d 533, 534 (6th Cir. 2004); United States v.
Collado, 348 F.3d 323, 326-327 (2d Cir. 2003); United States v. One "Piper" Aztec "F" DeLuxe Model 250 PA 23
Aircraft, 321 F.3d 355, 359-60 (3d Cir. 2003); Kadonsky v. United States, 216 F.3d 499, 503 (5th Cir. 2000); United
States v. United States Currency Deposited for Active Trade Co., 176 F.3d 941, 944 (7th Cir. 1999); United States v.
22249 Dolorosa St., 167 F.3d 509, 513 (9th Cir. 1999); United States v. $141,770 (Moreno-Pena), 157 F.3d 600, 603
(8th Cir. 1998).
"The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant. The
determination of probable cause is based upon a totality of the circumstances test, and the government's evidence must
be more than that which gives rise to a mere suspicion, although it need not rise to the level of prima facie proof,"
United States v. One 1978 Piper Cherokee Aircraft, 91 F.3d 1204, 1207 (9th Cir. 1996); United States v. $39,873
(Armfield), 80 F.3d 317, 318 (8th Cir. 1996); United States v. United States Currency Deposited for Active Trade Co.,
176 F.3d 941, 944 (7th Cir. 1999); United States v. $9,041,598.68 (Massieu), 163 F.3d 238, 246 (5th Cir. 1999); United
States v. $141,770 (Moreno-Pena), 157 F.3d 600, 603 (8th Cir. 1998).
CAFRA does not apply retroactively; proceedings initiated prior to August 23, 2000 are governed by earlier law,
United States v. $100,348 (Mayzel), 354 F.3d 1110, 1116 (9th Cir. 2004); United States v. Collado, 348 F.3d 323, 326
(2d Cir. 2003); United States v. One "Piper" Aztec "F" DeLuxe Model 250 PA 23 Aircraft, 321 F.3d 355, 357-58 (3d
Cir. 2003); United States v. $174,206 (Ricard), 320 F.3d 658, 661-62 (6th Cir. 2003); United States v. Wagoner County
Real Estate, 278 F.3d 1091, 1097 n.5 (10th Cir. 2002).
56
   The claimant must demonstrate some legal or equitable interest in the res, United States v. Various Computers, 82
F.3d 582, 585 (3d Cir. 1996); United States v. $9,041,598.68 (Massieu), 163 F.3d 238, 245 (5th Cir. 1999); United
States v. One Parcel of Property Located at RR2, 959 F.2d 101, 103-104 (8th Cir. 1992); United States v. 5208 Los
Franciscos Way, 385 F.3d 1187, 1191 (9th Cir. 2004); Via Mat International South America Ltd. v. United States, 446
F.3d 1258, 1262 (11th Cir. 2006). Several courts have held that possession or mere legal title may be insufficient to
establish standing if the claimant is only a nominal or straw owner who does not have dominion and control over the
property, United States v. Bridwell's Grocery, 195 F.3d 819, 821-22 (6th Cir. 1999); United States v. Ford 250 Pickup,
980 F.2d 1242, 1246 (9th Cir. 1992); United States v. Cambio Exacto, S.A., 166 F.3d 522, 526-27 (2d Cir. 1999); United
States v. Lot 111-B, 902 F.2d 1443, 1444 (9th Cir. 1990). Standing is a threshold requirement for any claim, but at least
one court has suggested that such a view constitutes a merger of the less demanding requirements for standing with the
more stringent "innocent owner" standards, United States v. One Lincoln Navigator, 328 F.3d 1011, 1013-1014 (8th
Cir. 2003); cf., United States v. $557,933.89 More or Less (Mercado-Filpo), 287 F.3d 66, 77-79 (2d Cir.
2002)(explaining the absence of conflict between the lower court's finding of standing and the jury's conclusion that
the claimant had no ownership interest in the res).
57
   United States v. Funds Held in the Name or for the Benefit of Wetterer, 210 F.3d 96, 104 (2d Cir. 2000); United
States v. United States Currency Deposited for Active Trade Co., 176 F.3d 941, 945 (7th Cir. 1999); United States v.
$39,873 (Armfield), 80 F.3d 317, 318 (8th Cir. 1996); United States v. 5208 Los Franciscos Way, 385 F.3d 1187, 1193
(9th Cir. 2004).
58
   United States v. $39,873, 80 F.3d 317, 318 (8th Cir. 1996); United States v. All Assets of G.P.S. Automotive Corp., 66
F.3d 483, 487 (2d Cir. 1996); United States v. 22249 Dolorosa St., 167 F.3d 509, 511 (9th Cir. 1999).
59
   18 U.S.C. 983(c)(3); United States v. 3234 Washington Avenue North, 480 F.3d 841, 843 (8th Cir. 2007); United
States v. 6 Fox Street, 480 F.3d 38, 42 (1st Cir. 2007).
60
   Austin v. United States, 509 U.S. 602, 617 (1993). The Supreme Court has observed that due process precludes
forfeiture either (1) where the property has "been taken from [its owner] without his privity or consent" and used in a
(continued...)



       
                                                                                                       


customs laws,61 CAFRA establishes two "innocent owner" defenses ­ one for claimants with an
interest in the property at the time the forfeiture-triggering offense occurred and the other for
claimants with an interest acquired after the forfeiture-triggering offense occurred.62 The first is
available to claimants either who were unaware that their property was being criminally used or
who did all that could be reasonably expected of them to prevent criminal use of their property.63
The second is for good faith purchasers who did not know of the taint on the property at the time
they acquired their interest.64

Where the court determines that the property is not subject to forfeiture, it must be released to its
owner, assuming the property can be lawfully possessed by its owner.65 Regardless of the
statutory procedure initially invoked, prevailing claimants may be entitled to compensation for
damages to the property incurred while in federal custody,66 attorneys' fees, post-judgment
interest, and in some instances pre-judgment interest.67 Where the property is declared forfeited,
its disposal is a matter of statute.68


(...continued)
manner which would ordinarily give rise to confiscation, or (2) where the owner was "not only. . . uninvolved in and
unaware of the wrongful activity, but also that he had done all that reasonably could be expected to prevent the
proscribed use of the property," Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 689(1974). Although
some argue that the splintered nature of the majority in Bennis v. Michigan, 516 U.S. 442 (1996), erodes the support for
this view, it remains the law until modified or rejected by the Court.
61
   Outside of CAFRA, statutory "innocent owner" defenses in civil forfeiture, more generous than due process requires,
are relatively rare.
62
   18 U.S.C. 983(d).
63
   18 U.S.C. 983(d)(2)(A); United States v. 45 Claremont St., 395 U.S. 1, 4-5 (1st Cir. 2004); United States v. One
Lincoln Navigator, 328 F.3d 1011, 1014 (8th Cir. 2003); United States v. 16328 South 43rd East Avenue, 275 F.3d 1281,
1284 n.1 (10th Cir. 2002).
64
   18 U.S.C. 983(d)(3)(A). The defense may also be available to claimants who acquire an interest in their primary
residence through inheritance or divorce rather than by purchase, 18 U.S.C. 983(d)(3)(B); United States v. 221 Dana
Avenue, 261 F.3d 65, 74 (1st Cir. 2001).
65
   28 U.S.C. 2465 (text infra, footnote 62); Republic National Bank v. United States, 506 U.S. 80, 95 (1992); United
States v. Seifuddin, 820 F.2d 1074, 1078-79 (9th Cir. 1987); cf., Lee v. City of Chicago, 330 F.3d 456, 466 (7th Cir.
2003)("the government should not, by virtue of its authority to seize, effect de facto forfeitures of property by retaining
items indefinitely. But we know that due process guarantees would prevent this. . ."); but see, Synagogue v. United
States, _ F.3d _, _ (9th Cir. Mar. 6, 2007)(a property owner is not entitled interest, attorney fees or costs when the
government seizes his property but later returns it without initiating forfeiture proceedings).
The property owner, however, is not entitled to the return of property that cannot be lawfully possessed, Boggs v.
Rubin, 161 F.3d 37, 40 (D.C. Cir. 1998); United States v. Felici, 208 F.3d 667, 670 (8th Cir. 2000); United States v.
Vanhorn, 296 F.3d 713, 719 (8th Cir. 2002).
66
   28 U.S.C. 2680(c)("The provisions of this chapter and section 1346(b) of this title [relating to federal tort claims]
shall not apply to . . . (c) Any claim arising in respect of the assessment or collection of any tax or customs duty, or the
detention of any goods, merchandise, or other property by any officer of customs or excise or any other law
enforcement officer, except that the provisions of this chapter and section 1346(b) of this title apply to any claim based
on injury or loss of goods, merchandise, or other property, while in the possession of any officer of customs or excise
or any other law enforcement officer, if ­ (1) the property was seized for the purpose of forfeiture under any provision
of Federal law providing for the forfeiture of property other than as a sentence imposed upon conviction of a criminal
offense; (2) the interest of the claimant was not forfeited; (3) the interest of the claimant was not remitted or mitigated
(if the property was subject to forfeiture); and (4) the claimant was not convicted of a crime for which the interest of the
claimant in the property was subject to forfeiture under a Federal criminal forfeiture law").
67
   "(a) Upon the entry of a judgment for the claimant in any proceeding to condemn or forfeit property seized or
arrested under any provision of Federal law ­ (1) such property shall be returned forthwith to the claimant or his agent;
and (2) if it appears that there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate
thereof to be entered and, in such case, neither the person who made the seizure or arrest nor the prosecutor shall be
(continued...)



   
                                                                                                        


The Attorney General and the Secretary of the Treasury enjoy wide latitude to transfer confiscated
property to state, local, and foreign law enforcement agencies to the extent of their participation
of in the case,69 although both must be assured that the transfers will encourage law enforcement
cooperation.70

At one time, this "equitable sharing" transfer authority could not be used unless the Attorney
General was convinced that confiscated property "[was] not so transferred to circumvent any
requirement of State law that prohibits forfeiture or limits use or disposition of property forfeited




(...continued)
liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as
provided in subsection (b).
"(b)(1) Except as provided in paragraph (2), in any civil proceeding to forfeit property under any provision of Federal
law in which the claimant substantially prevails, the United States shall be liable for ­ (A) reasonable attorney fees and
other litigation costs reasonably incurred by the claimant; (B) post-judgment interest, as set forth in section 1961 of this
title; and (C) in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale ­ (i)
interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the
investment of the property in an interest-bearing account or instrument; and (ii) an imputed amount of interest that such
currency, instruments, or proceeds would have earned at the rate applicable to the 30-day Treasury Bill, for any period
during which no interest was paid (not including any period when the property reasonably was in use as evidence in an
official proceeding or in conducting scientific tests for the purpose of collecting evidence), commencing 15 days after
the property was seized by a Federal law enforcement agency, or was turned over to a Federal law enforcement agency
by a State or local law enforcement agency. (2)(A) The United States shall not be required to disgorge the value of any
intangible benefits nor make any other payments to the claimant not specifically authorized by this subsection. (B) The
provisions of paragraph (1) shall not apply if the claimant is convicted of a crime for which the interest of the claimant
in the property was subject to forfeiture under a Federal criminal forfeiture law. (C) If there are multiple claims to the
same property, the United States shall not be liable for costs and attorneys fees associated with any such claim if the
United States ­ (i) promptly recognizes such claim; (ii) promptly returns the interest of the claimant in the property to
the claimant, if the property can be divided without difficulty and there are no competing claims to that portion of the
property; (iii) does not cause the claimant to incur additional, reasonable costs or fees; and (iv) prevails in obtaining
forfeiture with respect to one or more of the other claims. (D) If the court enters judgment in part for the claimant and
in part for the Government, the court shall reduce the award of costs and attorney fees accordingly," 28 U.S.C. 2465.
68
   18 U.S.C. 981(d), 881(d), 853(h)-(j).
69
   "(1) The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph
(A) or (B), or both: (A) Retain any of the property for official use. (B) Transfer any of the property to ­ (i) any other
Federal agency; (ii) any State or local law enforcement agency that participated directly or indirectly in the seizure or
forfeiture of the property; or (iii) the Civil Air Patrol.
"(2) The Secretary may transfer any 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 2291j(b) of Title 22.
"(3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue
and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency,
illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority
of paragraph (1)(B)(iii)," 19 U.S.C. 1616a(c). The Attorney General enjoys similar authority under 21 U.S.C. 881(e)
and 18 U.S.C. 981(e), (i).
70
   "The Attorney General shall assure that any property transferred to a State or local law enforcement agency under
[21 U.S.C. 881(e)(1)(A)] ­ (A) has a value that bears a reasonable relationship to the degree of direct participation of
the State or local agency in the law enforcement effort resulting in the forfeiture, taking into account the total value of
all property forfeited and the total law enforcement effort with respect to the violation of law on which the forfeiture is
based; and (B) will serve to encourage further cooperation between the recipient State or local agency and Federal law
enforcement agencies," 21 U.S.C. 881(e)(3); see also, 31 U.S.C. 9703(b)(4).




   
                                                                                                         


to State or local agencies," 21 U.S.C. 881(e)(3)(B)(1988 ed.). The restriction addressed
sometimes controversial adoptive forfeitures.71

Adoptive forfeiture occurs when property is forfeitable under federal law and the Department of
Justice "adopts," for processing under federal law, a forfeiture case brought to it by state or local
law enforcement officials and in which the United States is not otherwise involved. Federal
adoption is sometimes attractive because of the speed afforded by federal administrative
forfeiture. It may also be attractive because forfeiture would be impossible or more difficult under
state law or because law enforcement agencies would not share as extensively in the bounty of a
successful forfeiture under state law.

The circumvention restriction is no longer in effect, but the Treasury and Justice Departments
insist that state and local law enforcement agencies indicate the law enforcement purposes to
which the transferred property is to be devoted and that the transfer will increase and not supplant
law enforcement resources.72


      
Once less frequently invoked than civil forfeiture, criminal forfeiture appears to have become the
procedure of choice when judicial proceedings are required.73 CAFRA added to the federal crimes
punishable by criminal forfeiture, various offenses involving unlawful money transmission,74
counterfeiting,75 identify fraud,76 credit card fraud,77 computer fraud,78 theft related to motor

71
   In re U.S. Currency, $844,520 (Cole), 136 F.3d 581, 582 (8th Cir. 1998)(Loken, J., concurring) ("But the underlying
facts of ths case should prompt Congress and the Department of Justice to investigate whether federal law enforcement
officials are using their extensive forfeiture powers to frustrate the fiscal policy of States such as Missouri"); United
States v. Winston-Salem/Forsyth County Bd. of Education, 902 F.2d 267, 267(4th Cir. 1990))("Practice of local officials
of allowing federal officials to adopt seizures made by the local law enforcement official and to federally forfeit the
property, with a portion returned to the local law enforcement agency, does not violate federal law, even though the
practice assertedly allows state officials to avoid following [a] state constitutional provision that all forfeited monies be
used to maintain the public schools").
72
   Executive Office for Asset Forfeiture, United States Department of the Treasury, Guide to Equitable Sharing for
Foreign Countries and Federal, State, and Local Law Enforcement Agencies, 11 (April 2004); United States
Department of Justice, United States Attorneys' Manual, §9-118.510, available on May 1, 2007 at
http://www.usdoj.gov. Recipients may, however, use assets acquired through an equitable sharing program for
matching purposes with respect to any COPS (Community Policing) grants they receive, 42 U.S.C. 3796dd-3(b)(1).
The Department of Justice shared $367.7 million with state, local and foreign law enforcement agencies in fiscal year
2006, U.S. Department of Justice, Office of the Inspector General, Audit Division, Asset Forfeiture Fund and Sized
Assets Deposit Fund Annual Financial Statement Fiscal Year 2006, Audit Report 07-15, at 11 (Jan. 2007), available on
May 1, 2007 at www.usdoj.gov/oig/reports/OBD/a)7225/final.pdf; the Treasury Department made equitable sharing
payments of $90 million in fiscal year 2006, United States Department of the Treasury, Treasury Forfeiture Fund:
Accountability Report: Fiscal Year 2006, 30 (2006), available on May 1, 2007 at www.treas.gov/officers/enforcement/
teoaf/publications06-annual-report.pdf.
73
   The most recent Justice Department statistics indicate that criminal forfeiture judgments have surpassed civil
forfeiture judgments every year since fiscal 1995 to a point where there are now more than twice as many criminal
forfeitures and as civil forfeitures, United States Department of Justice, Executive Office for United States Attorneys,
United States Attorneys Annual Statistical Report: Fiscal Year 2005, AF Chart 1, 35 (2006), available on May 1, 2007
at http://www.usdoj.gov.
74
   18 U.S.C. 982(a)(1)("The court, in imposing sentence on a person convicted of an offense in violation of section . . .
1960 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").
75
   18 U.S.C. 982(a)(2) ("The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to
violate . .. (B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545,
(continued...)



       
                                                                                                          


vehicles,79 health care fraud,80 telemarketing fraud,81 bank fraud,82 and immigration-related
offenses.83 Perhaps more significantly, there now exists a bridge statute, 28 U.S.C. 2461(c), which

(...continued)
842, 844. . . 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").
76
   18 U.S.C. 982(a)(2)("The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to
violate . . . (B) section . . . 1028 . . . 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").
77
   18 U.S.C. 982(a)(2)("The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to
violate . . . (B) section . . . 1029 . . . 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").
78
   18 U.S.C. 982(a)(2)("The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to
violate . . . (B) section . . . 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").
79
   18 U.S.C. 982(a)(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").
80
   18 U.S.C. 982(a)(7)("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").
81
   18 U.S.C. 982(a)(8)("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").
82
   18 U.S.C. 982(a)(2), (3), (4)("(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, . . .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.
"(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").
83
   18 U.S.C. 982(a)(6)("The court, in imposing sentence on a person convicted of a violation of, or conspiracy to
violate, section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or section 554, 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 the offense of which the person is convicted; 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 the offense of
which the person is convicted; or (II) that is used to facilitate, or is intended to be used to facilitate, the commission of
(continued...)



   
                                                                                                      


for a short period of time permitted recourse to criminal forfeiture when only civil forfeiture was
otherwise authorized. More recently, the bridge statute has been amended to permit criminal
forfeiture whenever civil forfeiture is authorized regardless of whether an alternative criminal
forfeiture authorization exists elsewhere. Thus, the bridge statute (28 U.S.C. 2461(c)) permits
confiscation using its criminal forfeiture procedure as an alternative whenever a civil forfeiture is
authorized.84

Like civil forfeiture, criminal forfeiture is a creature of statute. Unlike civil forfeiture, criminal
forfeiture falls as a consequence of conviction.85 It is punishment, even though it may also serve
remedial purposes very effectively.86 While civil forfeiture treats the property as the defendant,
confiscating the interests of the innocent and guilty alike, criminal forfeiture traditionally
consumes only the property interests of the convicted defendant,87 and only with respect to the
crime for which he is convicted.88 When the property subject to confiscation is unavailable
following the defendant's conviction, however, the court may order the confiscation of other
property belonging to the defendant in its stead (substitute assets).89

The indictment or information upon which the conviction is based must list the property which
the government asserts is subject to confiscation,90 and the defendant is entitled to a jury finding
of the necessary connection between the crime of conviction and the property to be confiscated.91

(...continued)
the offense of which the person is convicted. (B) The court, in imposing sentence on a person described in
subparagraph (A), shall order that the person forfeit to the United States all property described in that subparagraph").
84
   "If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal
forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or
information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving
rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case
pursuant to the Federal Rules of Criminal Procedure and section 3554 of title 18, United States Code. The procedures
in section 413 of the Controlled Substances Act (21 U.S.C. 853) apply to all stages of a criminal forfeiture proceeding,
except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of
such Act," 28 U.S.C. 2461(c).
85
   E.g., 18 U.S.C. 982 (money laundering); 18 U.S.C. 1963 (RICO); 21 U.S.C. 853 (drug dealing).
86
   The federal Racketeer Influenced and Corrupt Organization (RICO) forfeiture statute, for example, is designed not
only to sever the offender from the organization he or she has corrupted but to confiscate any property right which
affords a source of influence over the enterprise, 18 U.S.C. 1963(a)(2)(D).
87
   21 U.S.C. 853(n)(6); United States v. Vampire Nation, 451 F.3d 189, 202 (3d Cir. 2006)("criminal forfeiture is a
sanction against the individual defendant rather than against the property itself"); United States v. Saccoccia, 354 F.3d
9, 15 (1st Cir. 2003)("[T]he government may reach only the defendant's substitute assets and not those of a third
party").
88
   United States v. Juluke, 426 F.3d 323, 327-28 (5th Cir. 2005). When a defendant is convicted of racketeering under
RICO, 18 U.S.C. 1961-1963, he need not have personally committed each of the enterprise's predicate offenses and
consequently his property derived from those offenses is subject to criminal forfeiture under RICO, United States v.
Hively, 4378 F.3d 752, 765 (11th Cir. 2006).
89
   "(2) In any case described in any of subparagraphs (A) through (E) of paragraph (1) [below], the court shall order the
forfeiture of any other property of the defendant, up to the value of any property described in subparagraphs (A)
through (E) of paragraph (1), as applicable.
"(1) Paragraph (2) of this subsection shall apply, if any property described in subsection (a), as a result of any act or
omission of the defendant ­ (A) cannot be located upon the exercise of due diligence; (B) has been transferred or sold
to, or deposited with, a third party; (C) has been placed beyond the jurisdiction of the court; (D) has been substantially
diminished in value; or (E) has been commingled with other property which cannot be divided without difficulty," 21
U.S.C. 853(p)(2),(1); see also, 18 U.S.C. 1963(m).
90
   F.R.Crim.P. 7(c), 32.2(a).
91
   F.R.Crim.P. 32.2(b)(4).




   
                                                                                                     


Since the court's jurisdiction does not depend upon initial control of the res, it need not be seized
before forfeiture is declared.92 Although the courts are authorized to issue pretrial restraining
orders to prevent depletion or transfer of property which the government contends is subject to
confiscation,93 many are hesitant to issue pre-trial restraining orders covering substitute
property.94 And there may be some lingering uncertainty as to whether such orders can be issued
when the government has opted to use the good offices of the bridge statute95 to accomplish what
would otherwise be a civil forfeiture in conjunction with the criminal prosecution of the property
owner.

Originally, section 2461(c) permitted criminal forfeiture under statutes that authorized civil
forfeiture but made no provision for criminal forfeiture.96 In such cases, it declared that "upon
conviction, the court shall order the forfeiture of the property in accordance with the procedures
set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection
(d) of that section," 28 U.S.C. 2461(c) (2000 ed.). Section 853(e), then as now, authorized pretrial
restraining orders, so it might seem that they should be available in section 2461 cases.

Not so, said the Second Circuit. In section 2461(c) cases, the Federal Rules of Criminal
Procedure, which do not include authority to issue pretrial restraining orders, govern prior to
conviction; only after conviction does section 853 dictate the procedural path.97 The Court found
confirmation of its view by contrasting the language of section 2461(c) with that 18 U.S.C. 982,
which the courts have concluded does authorize such pre-trial restraining orders.

Section 982 states that "the forfeiture of property under this section, including any seizure and
disposition of property and any related judicial or administrative proceeding shall be governed



92
   Rule 32.2 permits the Attorney General to seize the property upon the court's entry of a preliminary forfeiture order,
F.R.Crim.P. 32.2(b)(3).
93
   E.g., 21 U.S.C. 853(e)(1),(2). A defendant may have a due process right to a pre-trial, post-restraint hearing as to
whether the government has probable cause to believe that the restrained property is subject to confiscation, if the
property is the only means available to the defendant with which to retain private counsel or provide for the defendant
and his or her family, United States v. Jones, 160 F.3d 641, 647-48 (10th Cir. 1998). At least one circuit has held that
pretrial restraining orders may not be had when government opts for a criminal forfeiture by merging a civil forfeiture
authorization with a criminal prosecution under the auspices of 28 U.S.C. 2461(c), United States v. Razmilovic, 419
F.3d 134, 137-41 (2d Cir. 2005).
94
   Substitute assets may become subject to forfeiture if the tainted property has become unavailable, but most courts
have refused to permit pre-trial restraint orders on substitute assets, United States v. Patelidis, 335 F.3d 226, 234 (3d
Cir. 2003); United States v. Gotti, 155 F.3d 144, 147-49 (2d Cir. 1998); United States v. Riley, 78 F.3d 367, 371 (8th
Cir. 1996); In re Assets of Martin, 1 F.3d 1351, 1359 (3d Cir. 1993); United States v. Floyd, 992 F.2d 498, 502 (5th Cir.
1993); cf., United States v. Farmer, 274 F.3d 800, 802 (4th Cir. 2001)(emphasis added)("Furthermore, in Caplin's
companion case, the Court held that the pre-trial restraint of a criminal defendant's assets does not violate the
constitution as long as the assets are restrained based upon a finding of probable cause that they are subject to
forfeiture. United States v. Monsanto, 491 U.S. 600, 615-16 (1989)" ).
95
   28 U.S.C. 2461.
96
   28 U.S.C. 2461(c)(2000 ed.)("If a forfeiture of property is authorized in connection with a violation of an Act of
Congress, and any person is charged in an indictment or information with such violation but no specific statutory
provision is made for criminal forfeiture upon conviction, the Government may include the forfeiture in the indictment
or information in accordance with the Federal Rules of Criminal Procedure, and upon conviction, the court shall order
the forfeiture of the property in accordance with the procedures set forth in section 413 of the Controlled Substances
Act (21 U.S.C. 853), other than subsection (d) of that section").
97
   United States v. Razmilovic, 419 F.3d 134, 137-41 (2d Cir. 2005).




       
                                                                                                        


by section 853."98 "In contrast, section 2461(c) state[d] only that `upon conviction, the court shall
order the forfeiture of the property in accordance with the procedures set forth in section 853.'"99

Shortly thereafter, the current version of section 2461(c) appeared, unexplained, in the conference
report on the bill subsequently enacted as the USA PATRIOT Improvement and Reauthorization
Act.100 The new language permits criminal forfeiture under the procedures of section 2461(c)
whenever a civil forfeiture is authorized, regardless of whether the statute that authorizes the civil
forfeiture also authorizes criminal forfeiture under different procedures.101 It thus permits the
government to elect to use section 2461(c)'s criminal forfeiture procedures even where alternative
criminal forfeiture procedures were already available, hence perhaps its "uniform procedures"
caption in the Act.

But it may do more. The Deputy Chief of the Justice Department's asset forfeiture section has
written that the new language also overturns Razmilovic, and authorizes the issuance of pretrial
restraining orders in section 2461(c) cases.102 The difficulty is that the new language is not that
found in section 982 which the Second Circuit indicated would authorize such pretrial restraining
orders. Quite the contrary, the new language appears to follow the same linguistic path that the
Court found led to the opposite result in the earlier version: application of the Federal Rules
before conviction, confiscation order of the court upon conviction, and application of section 853
thereafter. On the other hand, the new language does end with the statement that section 853 is to
apply "to all stages of a criminal forfeiture proceeding." Some might argue that if Congress
intended to overturn the result in Razmilovic with its amendment, it selected a particularly cryptic
way of doing so.

Section 2461 cases aside, the defense to criminal forfeiture differs somewhat from that in cases of
civil forfeiture. For example, since conviction is a prerequisite to confiscation, acquittal will
ordinarily preclude forfeiture. Third party interests are less likely to be cut off by virtue of the
property's proximity to criminal conduct simply because only the defendant's interest in the
property is subject to confiscation and because bona fide purchaser exceptions are more common.
Bona fide purchaser exceptions protect a good faith purchaser who acquired the property after
commission of the offense ­ at which time title to the property vested in the United States ­ but
before the declaration of forfeiture.103

98
   Id. at 139, quoting 18 U.S.C. 982(b)(emphasis of the Court).
99
   Id. at 139, quoting 28 U.S.C. 2461(c)(2000 ed.)(emphasis added).
100
    H.Rept. 109-333 at 56. The new language which appears in the Act under the caption "uniform procedures for
criminal forfeiture," is not mentioned in the report's Joint Explanatory Statement of the Committee of Conference
where the Act's other sections are briefly described.
101
    "If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal
forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or
information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving
rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case
pursuant to the Federal Rules of Criminal Procedure and section 3554 of title 18, United States Code. The procedures
in section 413 of the Controlled Substances Act (21 U.S.C. 853) apply to all stages of a criminal forfeiture proceeding,
except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of
such Act ," 18 U.S.C. 2461(c)).
102
    Cassella, Criminal Forfeiture Procedure in 2006: A Survey of Developments in the case Law, 42 CRIMINAL LAW
BULLETIN 515, 523 (2006).
103
    Perhaps the best known of these are found in the RICO and the drug trafficking criminal forfeiture provisions, ". . . .
[a]ny such property that is subsequently transferred to a person other than the defendant may be the subject of a special
verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a
(continued...)



       
                                                                                                        


After conviction of the defendant, the government may elect to seek either confiscation of
forfeitable property or a money judgment in the amount of its value.104 If the government seeks
confiscation, the court must determine whether the statutory nexus between the property and the
crime of conviction exists,105 a determination presented to the jury at the defendant's request.106 If
the government instead seeks a money judgment, the court must determine the amount the
defendant must pay.107 At that point the court issues a preliminary forfeiture order or order for a
money judgement against the defendant in favor of the government.108 Third parties with claims
to the forfeited property, other than the defendant, are then entitled to a judicial hearing on their
claims.109

Third party claims may be grounded either in an assertion that they possessed a vested or superior
interest in the property at the time confiscation-trigger misconduct occurred or that they are good
faith purchases.110 In either instance, they bear the burden of establishing their claim by a
preponderance of the evidence.111

When the government is awarded a money judgment, it is not limited to the forfeitable assets the
defendant has on hand at the time but may enforce the judgment against future and perhaps
alternative assets as well.112 In such cases, the courts are divided over the question of whether the
government may enforce the judgment like any other judgment creditor or instead is limited to
substitute assets and then only if the tainted assets are unavailable.113

The disposal of property that remains after claims have been resolved is a matter of statute
discussed below.



(...continued)
hearing pursuant to subsection (l) that he is a bona fide purchaser for value of such property who at the time of
purchase was reasonably without cause to believe that the property was subject to forfeiture under this section." 18
U.S.C. 1963(c); 21 U.S.C. 853(c).
104
    F.R.Crim.P. 32.2(b)(1).
105
    Id.
106
    F.R.Crim.P. 32.2(b)(4)
107
    F.R.Crim.P. 32.2(b)(1).
108
    F.R.Crim.P. 32.2(b)(2); United States v. Lazarenko, 476 JF.3d 642, 648 (9th Cir. 2007).
109
    F.R.Crim.P. 32.2(c).
110
    18 U.S.C. 982(b)(1); 21 U.S.C. 853(n)(6); 18 U.S.C. 1963(l)(6); United States v. Soreide, 461 F.3d 1351, 1354-355
(11th Cir. 2006). Under 21 U.S.C. 853(k) third parties are barred from intervening earlier or in other separate
proceedings to contest the forfeiture of property in which they have an interest, United States v. Lazarenko, 476 F.3d
642, 648 (9th Cir. 2007); DeAlmeida v. United States, 459 F.3d 377, 381 (2d Cir. 2006); United States v. Nava, 404
F.3d 1119, 1125 (9th Cir. 2005); United States v. Puig, 419 F.3d 700, 703 (8th Cir. 2005).
111
    21 U.S.C. 853(n)(6); United States v. Lazarenko, 476 F.3d 642, 648 (9th Cir. 2007).
112
    United States v. Misla-Aldarondo, 478 F.3d 52, 73-4 (1st Cir. 2007); United States v. Casey, 444 F.3d 1071, (9th Cir.
2006)("money judgments are appropriate under §853, even in cases of insolvent defendants. . . . the government is
entitled to a money judgment in criminal forfeiture cases, even when a defendant has no assets. . .").
113
    United States v. Hall, 434 F.3d 42, 59 (1st Cir. 2006)("A money judgement permits the government to collect on the
forfeiture order in the same way that a successful plaintiff collects a money judgment from a civil defendant"); United
States v. Casey, 444 F.3d 1071, (9th Cir. 2006); contra, United States v. Vampire Nation, 451 F.3d 189, 202 (3d Cir.
2006)("The judgment in personam here is one in forfeiture and is limited by the provisions of 21 U.S.C. 853(a) to
[forfeitable assets]. In the event that property traceable to the crime is not available, the Court may direct forfeiture of
substitute property subject to the conditions set out in 21 U.S.C. 853(p)").




   
                                                                                                        


                                         

      ¢
Disposal of forfeited property is ordinarily a matter of statute as well. The pertinent statute may
require that the proceeds of a confiscation be devoted to a single purpose, such as the support of
education or deposit in the general fund. More often, however, the law will permit disposal in a
number of ways which may include destruction of property that may not be lawfully possessed;114
the payment of rewards, settlement of claims against the property; or granting remission or
mitigation.115 Intergovernmental transfers and the use of special funds, however, are the hallmarks
of the more prominent federal forfeiture statutes. As noted earlier, the Attorney General and the
Secretary of the Treasury enjoy considerable discretion to transfer confiscated property to state,
local, and foreign law enforcement agencies.116

Federal law requires that confiscated cash or the proceeds from the sale of confiscated property
which remain after any transfers or other statutorily authorized disposition be deposited in a
special fund. The Department of Justice Asset Forfeiture Fund,117 and the Department of the
Treasury Forfeiture Fund,118 first created in 1984, constitute such statutory depositories.

   
The Comprehensive Crime Control Act of 1984 changed the way the federal government deals
with revenues realized from the collection of fines and forfeitures.119 Prior to the Act, virtually all

114
    E.g., 21 U.S.C. 881(f), 853(i).
115
    E.g., 21 U.S.C. 881(e), 853(i).
116
    "(1) The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph
(A) or (B), or both: (A) Retain any of the property for official use. (B) Transfer any of the property to ­ (i) any other
Federal agency; (ii) any State or local law enforcement agency that participated directly or indirectly in the seizure or
forfeiture of the property; or (iii) the Civil Air Patrol.
"(2) The Secretary may transfer any 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 2291j(b) of Title 22.
"(3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue
and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency,
illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority
of paragraph (1)(B)(iii)," 19 U.S.C. 1616a(c). The Attorney General enjoys similar authority under 21 U.S.C. 881(e)
and 18 U.S.C. 981(e), (i).
117
    28 U.S.C. 524(c).
118
    31 U.S.C. 9703.
119
    Creation of the forfeiture funds and other forfeiture adjustments can be traced to criticisms, beginning in the 96th
Congress, that the drug and racketeering forfeiture provisions enacted in 1970 were being underutilized, were difficult
to enforce, and that the proceeds from such confiscations should be used more directly for law enforcement purposes.
E.g., Forfeiture of Narcotics Proceeds: Hearings Before the Subcomm. on Criminal Justice of the Senate Comm. on the
Judiciary, 96th Cong., 2d Sess. (1980); Forfeiture in Drug Cases: Hearings Before the Subcomm. on Crime of the
House Comm. on the Judiciary, 97th Cong., 1st & 2d Sess. (1982); DEA Oversight and Budget Authority: Hearing
Before the Subcomm. on Security and Terrorism of the Senate Comm. on the Judiciary, 97th Cong., 2d Sess. (1982);
General Accounting Office, Asset Forfeiture--A Seldom Used Tool in Combatting Drug Trafficking, GGD 81-5 (April
10, 1981).




    
                                                                                                      


of the money realized from fines and forfeitures, like most federal revenues, was deposited in the
general fund of the United States Treasury. Through the enactment of annual appropriation bills,
Congress permitted the money in the general fund to be spent to finance the activities it had
authorized by statute.120

The Crime Control legislation created three new funds to receive revenues collected as part of the
federal criminal law enforcement process, and Congress added a fourth a few years later. The
Customs Forfeiture Fund, which became the Department of the Treasury Forfeiture Fund, and the
Department of Justice Asset Forfeiture Fund collect confiscated cash and the proceeds from other
forfeitures which are devoted to federal and state law enforcement purposes. The Treasury and
Justice Department Funds, together receive in the neighborhood of a billion dollars per year.121


           
Congress created the Department of Justice Asset Forfeiture Fund122 as part of the Comprehensive
Crime Control Act of 1984.123 The Department of Justice administers the Fund, which receives
confiscated cash and the proceeds from forfeitures conducted under the laws enforced or
administered by the Department of Justice and the Department of Justice's equitable share of
forfeitures conducted by other state, federal, or foreign law enforcement agencies.124

120
     The Constitution requires that "[n]o money shall be drawn from the Treasury, but in consequence of appropriations
made by law," U.S.Const. Art.I, §9, cl.7, and so "no money can be paid out of the Treasury unless it has been
appropriated by an act of Congress," OPM v. Richmond, 496 U.S. 414, 424 (1990). Congress ordinarily authorizes an
appropriation before it makes an appropriation. An authorization of appropriation is little more than a prediction of
future appropriations; it is not an appropriation nor is Congress bound by it. Most appropriations are made on an annual
basis, but Congress may enact an appropriation measure covering several years or making a "permanent" appropriation.
Sometimes Congress requires that money appropriated be spent within a particular time period such as during a
particular fiscal year; other times such as here it gives its permission "without fiscal year limitation." See generally,
General Accounting Office [Government Accountability Office], I Principles of Federal Appropriations Law, 2-13 to
2-14, 2-40 to 2-42 (2004), available on May 1, 2007 at http://www.gao.gov/special.pubs/d04261sp.pdf.
121
     The Department of Justice realized receipts of over $1.177 billion during fiscal year 2006, but a single case
accounted for $337.5 million of the total; past receipts suggest that amounts in the $600 million to $800 million range
might reasonably be anticipated for subsequent fiscal years, U.S. Department of Justice, Office of the Inspector
General, Audit Division, Asset Forfeiture Fund and Sized Assets Deposit Fund Annual Financial Statement Fiscal Year
2006, Audit Report 07-15, at 11 (Jan. 2007), available on May 1, 2007 at www.usdoj.gov/oig/reports/OBD/a)7225/
final.pdf; the Treasury Department reports receipts of $245 million in the Treasury Forfeiture Fund for FY' 2006,
Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2008: Appendix, at 854 (2007).
A third fund, the Special Forfeiture Fund at one time used to fund the drug czar's office, no longer receives forfeiture
proceeds. A fourth, the Crime Victims Fund, which technically is fed by federal "Son of Sam" and espionage
forfeitures, in fact is supported primarily by receipts from a source other than forfeiture ­ the proceeds from the
collections of criminal fines ­ which are used to support a grant program for the relief of victims of crime.
References to the Postal Service Fund, 39 U.S.C. 2003, which might be considered a fifth forfeiture fund, have been
omitted as general matter for several reasons. Although it receives the Postal Service's share of equitably distributed
forfeitures, it was not created solely or even primarily for that purpose. It is instead a general operational fund into
which all or virtually all Postal Service receipts are deposited and which is available, not merely for law enforcement or
related purposes, but for the general operational needs of the Postal Service, 39 U.S.C. 2003(e)(1)("The Fund shall be
available for the payment of all expenses incurred by the Postal Service in carrying out its functions as provided by law
. . ."). As a practical matter it is much more closely analogous to the general fund than to any of the forfeiture funds
under discussion.
122
     28 U.S.C. 524(c).
123
     98 Stat. 2052, 2193.
124
     28 U.S.C. 524(c)(4). The proceeds from three forfeiture provisions are expressly excluded from the Fund, those
pursuant to: (1) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)), (2) section 6(d) of the Lacey Act
(continued...)



    
                                                                                                  


Before confiscated cash or the proceeds from the sale of other confiscated property is paid into
the Fund, the Attorney General may often authorize it to be transferred to or shared with other
federal, state, local, or foreign law enforcement agencies who have participated in the
investigation or proceedings that resulted in confiscation.125

After money has been paid into the Fund, the Attorney General may use it to pay:

    ·    forfeiture related expenses,
    ·    rewards to informants in illicit drug cases,126
    ·    rewards to informants in forfeiture cases,127
    ·    liens and mortgages against forfeited property,
    ·    remission and mitigation in forfeiture cases,
    ·    to equip cars, boats and planes for law enforcement purposes,128
    ·    to purchase evidence of money laundering or of federal drug crimes,
    ·    to pay state and local real estate taxes on forfeited property;
    ·    to pay overtime, travel, training and the like for assisting state and local law
         enforcement personnel;
    ·    federal correctional construction costs,
    ·    the Special Forfeiture Fund,129 and
    ·    to pay for joint state, local and federal cooperative law enforcement operations.
         28 U.S.C. 524(c).130


(...continued)
Amendments of 1981(16 U.S.C. 3375(d)), and (3) section 2003(b)(7) of title 39 of the United States Code dealing with
the Postal Service, id.
125
    E.g., 21 U.S.C. 881(e); 19 U.S.C. 1616a; 21 U.S.C. 853(i); 18 U.S.C. 981(d),(e); 18 U.S.C. 982(b); 18 U.S.C.
1963(g).
126
    Rewards may not exceed $500,000, 28 U.S.C. 524(c)((2).
127
    Rewards may not exceed the lesser of $500,000 or 25% of the amount realized from the confiscation without the
personal approval of the Attorney General and notification of the chairmen and ranking minority members of the
Appropriations and Judiciary Committees, id.
128
    The amount paid here may not exceed $100,000 without the approval of the agency head, 28 U.S.C. 524(c)(3).
129
    The "drug czar's" office was originally supported by the Special Forfeiture Fund, and the Fund continued in
existence even after the office secured a more regular, more reliable source of support. Deposits in the Special
Forfeiture Fund extended only through Fiscal Year 1997, 28 U.S.C. 524(c)(8).
130
    The Department of Justice's Inspector General's report indicates that during fiscal year 2006 the Fund paid:
      $43.149 million to management seized assets;
      $419.973 million to settle liens, mortgages, and petitions for remission and mitigation;
      $58.484 million for automation-related contract costs;
      $9.564 million for automation;
      $23.31 million for federal case prosecution;
      $8.177 million for training and printing;
      $13.402 million for information leading to forfeiture;
(continued...)



   
                                                                                                       


In the past, Congress has occasionally directed that the Fund be made available during a
particular year and for a specific law enforcement purpose in anticipation of a surplus in the Fund
after the statutory purposes had been served.131 More recently, however, it has authorized the
Attorney General to tap this "super surplus" for any law enforcement or Justice Department
purpose.132

Although once money has been appropriated it may be spent in any fiscal year, access to the Fund
is subject to annual appropriation for purposes of awarding rewards, purchasing evidence, and
refitting of law enforcement vehicles.133 For other purposes, Congress has enacted a permanent
appropriation.134

Record-keeping functions are performed under contract paid out of the Fund, but as a general rule
the Department of Justice has not used the Fund to pay the salaries and expenses of the United
States Marshals Service personnel responsible for management of the seized assets and the Fund.
Except in the case of equitable sharing where they are covered by the administrative fee, those
costs have generally been handled through the overall salaries and expenses appropriation for the
Marshals Service.135


(...continued)
      $7.159 million for the purchase of evidence;
      $12.664 for audits, financial statements, management analysis and similar services;
      $5.942 million for contract to identify assets;
      $1.688 million to equip cars, boats and planes for law enforcement use;
      $4.465 million for investigative costs leading to seizure;
      $45.35 million for joint state, local and federal cooperative law enforcement operations; and
      $322.3 million was transferred to state, local and tribal entities.
U.S. Department of Justice, Office of the Inspector General, Audit Division, Asset Forfeiture Fund and Sized Assets
Deposit Fund Annual Financial Statement Fiscal Year 2006, Audit Report 07-15, at 61 (Jan. 2007), available on May
1, 2007 at www.usdoj.gov/oig/reports/OBD/a)7225/final.pdf.
131
    E.g., 28 U.S.C. 524(c)(1)(I)(2000 ed.) making the Fund available during fiscal year 1989 to pay expenses related to
prison construction; Anti-Drug Abuse Act, §9310, P.L. 100-690, 102 Stat. 4540 (1988) granting access to the Fund to
pay U.S. Attorney salaries and expenses during fiscal year 1989 for purposes authorized in the Omnibus Drug Initiative
Act.
132
    ". . .[A]ny excess unobligated balances remaining in the Fund on September 30, 1997, and thereafter shall be
available to the Attorney General, without fiscal year limitation, for any federal law enforcement, litigative/prosecutive,
and correctional activities, or any other authorized purpose of the Department of Justice. . ." 28 U.S.C. 524(c)(8)(E).
In the fiscal year 2006, the Attorney General authorized recourse to the super surplus in the Fund from prior years in
the amount of $24.983 million; recipients included the Bureau of Alcohol, Tobacco, Firearms and Explosives ($1.367
million); the Civil Division ($750,000); the Criminal Division's Office of the Organized Crime Drug Enforcement Task
Force ($2 million); the Drug Enforcement Administration ($5 million); the Executive Office of United States Attorneys
($4 million); the National Security Division ($9.062 million); the Office of Justice Programs ($54, 000); and the United
States Marshals Service ($2.75 million), U.S. Department of Justice, Office of the Inspector General, Audit Division,
Asset Forfeiture Fund and Sized Assets Deposit Fund Annual Financial Statement Fiscal Year 2006, Audit Report 07-
15, at 67 (Jan. 2007), available on May 1, 2007 at www.usdoj.gov/oig/reports/OBD/a)7225/final.pdf.
133
    28 U.S.C. 524(c)(1).
134
    Id.
135
    Criminal Division, United States Department of Justice, Asset Forfeiture: Law and Practice Manual, 10-26 n.115
(June, 1998); Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations:
Hearings Before a Subcomm. of the House Comm. on Appropriations, 100th Cong., 2d Sess. 734-35 (1988) (Marshals
Service response to questions submitted for the record); Executive Office of Asset Forfeiture, United States Department
of Justice, The Attorney General's Guidelines on Seized and Forfeited Property, 19 (July, 1990), reprinted in, U.S.
(continued...)



   
                                                                                                     


     ¢  
The Department of the Treasury Forfeiture Fund began as the Customs Forfeiture Fund and was
also created by the Comprehensive Crime Control Act.136 It is administered by the Secretary of
the Treasury and receives deposits of forfeited currency and proceeds from forfeitures under laws
enforced or administered by the Department of the Treasury or the Coast Guard, amounts
received by the Department of the Treasury or the Coast Guard as an equitable share of a
forfeiture conducted by other authorities, or income realized from investments on behalf of the
Fund.137 Earlier plans to merge the Justice and Treasury Department Funds138 have yet to be acted
upon.

Before confiscated cash or the proceeds from the sale of other confiscated property are paid into
the Fund, the Secretary of the Treasury may also authorize transfer of the property to other
federal, state, local, or foreign law enforcement agencies who assisted in its forfeiture.139

After money has been paid into the Fund, the Secretary of the Treasury makes one portion
available to the Coast Guard in an amount reflecting its contributions.140 The moneys available
for the Coast Guard may be used to equip cars, boats and planes for law enforcement purposes, to
pay overtime and similar expenses for state and local law enforcement officers in a joint
operation, and to satisfy environmental requirements before sinking hazards to navigation.141

The Fund is otherwise available to the Secretary of the Treasury for a number of purposes,
including paying:

     ·    expenses associated with the forfeiture,


(...continued)
Department of Justice, U.S. Attorneys Manual, tit.9, ch. 118, available on May 1, 2007 at www.usdoj.gov/usao/eousa/
foia_reading_room/usam/title9/118mcrm.htm.
136
    P.L. 98-473, §§317, 2304, 98 Stat. 2054, 2193 (1984). In fact in the hectic days at the end of the Congress, the Fund
was established twice, P.L. 98-573, §213(a)(11), 98 Stat. 2986 (1984), and continued its dual existence for a couple of
years, see 19 U.S.C. 1613a, 1613b (Supp. II, 1984); (Supp. III. 1985). In 1986 and 1987, Congress repealed both and
then revived one of the sections, P.L. 99-514, § 1888 (7), 100 Stat. 2925 (1986); P.L. 99-570, §1152(b)(1), 100 Stat.
3207-12 (1986); P.L. 100-71, 101 Stat. 438 (1987). The law appears in the United States Code as the second section
9703 of Title 31 (the first section 9703 and an accompanying section 9704 are unrelated to the forfeiture fund and
address managerial flexibility generally).
137
    31 U.S.C. 9703(d). Tax enforcement is exempted generally, 31 U.S.C. 9703(a), (d) and during fiscal year 1993, the
transition period between the Customs Service and the Department of the Treasury Funds, deposits are those from laws
administered or enforced by the Customs Service and equitable shares earned by the Customs Service rather than the
entire Department, 31 U.S.C. 9703(d).
138
    Budget of the U.S. Government, Fiscal Year 2004: Appendix, 770 (2004); Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations for 2005: Hearings Before a Subcomm. of the House Comm.
on Appropriations (Pt.2), 108th Cong. 2d Sess. 937 (2004).
139
    19 U.S.C. 1616a.
140
    "The Secretary shall make available to the United States Coast Guard, from funds appropriated under subsection
(g)(2)* in excess of $10,000,000 for a fiscal year, an amount equal to the net proceeds in the Fund derived from
seizures by the Coast Guard," 31 U.S.C. 9703(c).
*"There are authorized to be appropriated from the Fund to carry out the purposes set forth in subsections (a)(2) and (c)
not to exceed ­ (A) $25,000,000 for fiscal year 1993; and (B) $50,000,000 for each fiscal year after fiscal year 1993."
31 U.S.C. 9703(g)(2).
141
    31 U.S.C. 9703(c).




   
                                                                                                     


      ·   claims against the property,
      ·   liens and mortgages against forfeited property,142
      ·   remission and mitigation,
      ·   rewards for information concerning violations of the customs laws,143
      ·   rewards for information or assistance resulting in a Department of Treasury
          forfeiture,
      ·   to equip cars, boats and planes for law enforcement purposes,
      ·   to purchase evidence of various crimes traditionally within the jurisdiction of the
          Department,144
      ·   to reimburse the expenses of private individuals associated with Department law
          enforcement activities,
      ·   for equitable sharing, if not accomplished prior to deposit in the Fund,145
      ·   for "overtime salaries, travel, fuel, training, equipment, and other similar costs of
          State and local law enforcement officers that are incurred in joint law
          enforcement operations;" and
      ·   to train foreign law enforcement personnel in Department forfeiture related
          matters.146
Congress has established a permanent appropriation to pay for forfeiture-related expenses, for the
settlement of claims, liens, and mortgages, for remission and mitigation, rewards under the
customs laws, and equitable sharing.147


  
The Special Forfeiture Fund, initially a depository of forfeiture proceeds, was created to fund the
Office of National Drug Control Policy (the "drug czar").148 The Office is now funded by direct
appropriations, and the Fund, through which various drug-related programs are funded by
directed appropriation, is no longer a recipient of forfeiture proceeds.149



142
    Payments to settle liens or mortgages or in remission or mitigation may not exceed the value of the property at the
time of seizure, 31 U.S.C. 9703(b)(1).
143
    The amount paid as a reward may not be more than 25% of the amount realized in the forfeiture, 19 U.S.C.
1619(a)(2).
144
    The offenses include money laundering, any of the money laundering predicate offenses, drug smuggling, credit
card or computer fraud, counterfeiting, various firearms and explosives offenses, and fraud against certain financial
institutions, 31 U.S.C. 9703(a)(2)(B).
145
    Equitable sharing payments may not exceed the value of the property at the time of disposal, 31 U.S.C. 9703(b)(2).
146
    31 U.S.C. 9703(a), (g)(3).
147
    31 U.S.C. 9703(g)(1).
148
    Congress established the Special Forfeiture Fund in the Anti-Drug Abuse Act of 1988, P.L. 100-690, §6073, 102
Stat. 4323.
149
    E.g., P.L. 105-277, 112 Stat. 2681-496, 2681-497 (1998).




    
                                                                                                     


    
The Justice Department's Office for Victims of Crime in the Office of Justice Programs
administers the Crime Victims Fund created by the Crime Control Act, P.L. 98-473, §1402, 98
Stat. 2170 (1984).150 The Fund receives revenues collected as fines for violations of federal
criminal law, as special assessments against misdemeanor offenders, as a consequence of jumping
bail,151 and from the operation of the espionage provisions,152 and the "Son of Sam" forfeiture
provisions.153 The Fund is available for grants to the States for crime victim compensation and
assistance programs, for HHS child-abuse prevention and treatment grants, and to reimburse the
courts for administrative costs.154


       
Until recently, it could safely be said that the Constitution afforded state and federal governments
extraordinary latitude to enact and enforce forfeiture statutes; forfeiture often seemed unusual,
sometimes severe, and occasionally unfair, yet with rare exceptions it was not unconstitutional. In
1993, the Court handed down a series of decisions that seemed to signal its uneasiness with the
trends in forfeiture law.155 Thereafter, it announced another series of opinions that seem to deny
any inclination to totally repudiate the government's broad forfeiture authority,156 yet in terms that
incrementally began to define the constitutional borders of that authority.157

150
    See generally, Franco, Victims of Crime Compensation and Assistance: Background and Funding, CRS Report
RL32579, Victims of Crime Compensation and Assistance: Background and Funding.
151
    42 U.S.C. 10601. It does not receive fines imposed under section 11(d) of the Endangered Species Act, 16 U.S.C.
1540(d); section 6(d) of the Lacey Act Amendments, 16 U.S.C. 3375(d); section 311 of the Federal Water Pollution
Control Act, 33 U.S.C. 1321; or those deposited in the Postal Service Fund, 39 U.S.C. 2601(a)(2), 2003; or in the
railroad unemployment insurance account, 45 U.S.C. 351 et seq., 42 U.S.C. 10601.
152
    18 U.S.C. 794.
153
    18 U.S.C. 3681. Section 3681 (special forfeiture of collateral profits of crime) establishes an escrow account within
the Crime Victims Forfeiture Fund to receive the proceeds paid to those convicted of certain espionage or violent
federal offenses for their literary efforts depicting their crimes. The account is available for five years to satisfy
judgements in favor of the victims of such crimes, criminal fines, and, to a limited extent to pay for the defendant's
attorneys' fees. After five years, the court may order the residue paid out of escrow and into the Fund.
The section is not likely to have accounted for any substantial contributions to the Fund since the Fund could not have
begun to receive unrestricted deposits under section 3681 until after the fifth anniversary of the section's enactment in
November, 1991 and shortly thereafter the prospect of future receipts was clouded by the Supreme Court's opinion in
Simon & Schuster v. New York Crime Victims Bd., 502 U.S. 105 (1991), holding the New York State "Son of Sam"
statute inconsistent with the First Amendment, Cohen, CRS Report 92-56, The "Son of Sam" Case: First Amendment
Analysis and Legislative Implications.
154
    42 U.S.C. 10601 to 10603a. In fiscal year 2008, the Fund is expected to receive $611 million, Office of
Management and Budget, Budget of the U.S. Government: Appendix 675 (2007).
155
    Austin v. United States, 509 U.S. 602 (1993); Alexander v. United States, 509 U.S. 544 (1993)(holding eighth
amendment excessive fines standards applicable to civil and criminal forfeitures respectively); United States v. 92
Buena Vista Avenue, 507 U.S. 111 (1993)(a seemingly tortured statutory construction that could be read as driven by
due process concerns for the property rights of innocent owners); Republic National Bank v. United States, 506 U.S. 80
(1992)(a case in which all nine members of the Court rejected application of the strict in rem legal fiction that the
government sought to employ and in which one justice went so far as to observe that "I am surprised that the
Government would make such a transparently fallacious argument in support of its unconscionable position in this
case," 506 U.S. at 99 (Stevens, J., concurring in part and concurring in the judgment)).
156
    United States v. Ursery, 518 U.S. 267 (1996)(rejecting the suggestion that the double jeopardy clause preclude,
consecutive forfeiture proceedings and criminal prosecutions); Bennis v. Michigan, 516 U.S. 442 (1996)(refusing, at
least under the facts before it, to find that due process bars the confiscation of the property of an innocent owner);
(continued...)



    
                                                                                                    


             
The Eighth Amendment states in its entirety that "[e]xcessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted." The lower courts had on
several occasions held that criminal forfeitures are subject to Eighth Amendment analysis,158 but
Eighth Amendment concerns were generally considered irrelevant in civil forfeiture cases
because the Amendment was thought to be limited to criminal punishments while civil forfeitures
were remedial and thus neither criminal nor punishments.159

This changed in 1993 when the Supreme Court announced that the Eighth Amendment's
excessive fines clause applies not only to criminal forfeitures but to some civil forfeitures as
well.160 The full impact of those decisions remained uncertain initially, because the Court
declined to articulate a test by which to measure particular forfeitures against the clause's
proscriptions.161 It subsequently selected the standard used as the measure under the parallel cruel
and unusual punishment clause of the Eighth Amendment: "a punitive forfeiture violates the
Excessive Fines Clause if it is grossly disproportionate to the gravity of a defendant's offense."162

(...continued)
Libretti v. United States, 516 U.S. 29 (1995)(holding that neither the promise of a jury trial found in the Sixth
Amendment nor that in the Federal Rules of Criminal Procedure extended to questions of fact in criminal forfeiture
proceedings).
157
    United States v. James Daniel Good Real Property, 510 U.S. 43 (1993)(generally requiring pre-seizure notice and
hearing in cases of real property); United States v. Bajakajian, 524 U.S. 321 (1998)(holding criminal forfeitures to a
grossly disproportionate standard under the excessive fines clause); see also, Degen v. United States, 517 U.S. 820
(1996)(declining the request to extend the common law doctrine of fugitive disentitlement so as to bar fugitive
claimants from contesting the forfeiture of their property)(CAFRA subsequently extended the doctrine as a matter of
statute, 28 U.S.C. 2466).
158
    United States v. Sarbello, 985 F.2d 716, 722 (3d Cir. 1993); United States v. Bucuvalas, 970 F.2d 937, 945-46 (1st
Cir. 1992); United States v. Smith, 966 F.2d 1045, 1056 (6th Cir. 1992).
159
    E.g., United States v. Santoro, 866 F.2d 1538, 1544 (4th Cir. 1989); United States v. One 107.9 Acre Parcel of Land,
898 F.2d 396, 400-1 (3d Cir. 1990).
160
    Alexander v. United States, 509 U.S. 544 (1993); Austin v. United States, 509 U.S. 602 (1993).
161
    Austin v. United States, 509 U.S. 602, 622 (1993); Alexander v. United States, 509 U.S. 544, 559 (1993).
162
    United States v. Bajakajian, 524 U.S. 321, 334 (1998). Bajakajian had tried to leave the United States with $357,144
in cash and pled guilty to willfully failing to accurately report the fact (as required by 31 U.S.C. 5316 and made
punishable under 18 U.S.C. 5322). The cash was neither criminally acquired, used, nor destined. Bajakajian's "crime
was solely a reporting offense," 524 U.S. at 337; one for which the applicable federal sentencing guidelines made him
liable to a maximum term of imprisonment of six months and a maximum fine of $5,000. The harm . . . caused was also
minimal. Failure to report this currency affected only one party, the Government and in a relatively minor way. There
was no fraud on the United States, and [he] caused no loss to the public fisc. Had his crime gone undetected, the
Government would have been deprived only of the information that $357,144 had left the country," 524 U.S. at 338-39.
The Court was unpersuaded by the government's claim that early statutes which set the fine for various customs
evasion offenses at twice the value of the goods demonstrated historic acceptance of proportional penalties. These
"early monetary forfeitures . . . were considered not as punishment for an offense, but rather as serving the remedial
purpose of reimbursing the government for the losses accruing from the evasion of customs duties," 524 U.S. at 342.
Consistent with this observation, several lower federal courts have rejected Excessive Fines Clause arguments because
the statutes in question were purely remedial rather than punitive, e.g., United States v. Land [in] Winston Country
(Wood), 221 F.3d 1194, 1199 (11th Cir. 2000);(18 U.S.C. 1955(d)); United States v. $273,963.94 (Puzo), 164 F.3d 462,
466 (9th Cir. 1999)(19 U.S.C. 1497); United States v. An Antique Platter of Gold (Stenhardt), 184 F.3d 131, 139-40 (2d
Cir. 1999), and one did so because although arising under the same statute as Austin the court was convinced that the
purpose of confiscation in the case before it was remedial and not punitive, United States v. 1948 South Martin Luther
King Drive (Locher), 270 F.3d 1102, 1114-115 (7th Cir. 2001); see also, United States v. Betancourt, 422 F.3d 240, 250
(5th Cir. 2005)("The forfeiture of drug proceeds [under criminal forfeiture provisions of 21 U.S.C. 853] does not
constitute punishment, and thus neither the Eighth Amendment prohibition nor double jeopardy analysis is
(continued...)



   
                                                                                                      


Early returns indicated that the lower federal courts may have some difficulty applying the
standard,163 but at least as a starting point, they now appear to consider the Bajakajian standard
cumulative. A punitive forfeiture will not be considered an excessive fine if it is distinguishable
on one or more of the grounds Bajakajian mentioned as indicative of gross disproportionality, i.e.,
a single crime, unrelated to any other criminality, causing relatively little harm, but resulting in a
forfeiture greatly disproportionate to the authorized fine.164

   ¢
Historically, the procedure used to accomplish forfeiture made a difference for purposes of the
Fifth Amendment's double jeopardy clause.165 Where confiscation was accomplished through
civil, in rem proceedings against the property, a prior trial of the property owner resulting in
either acquittal or conviction was no bar to subsequent forfeiture proceedings.166 Where



(...continued)
applicable").
163
    E.g., United States v. $273,963.94 (Puzo), 164 F.3d 462 (9th Cir. 1999)(finding the record below insufficiently
"developed to permit a decision as to whether the forfeiture in this case was excessive. For example, although it is clear
that Puzo's crime was solely a reporting offense, the district court made no finding as to whether the currency was
illegally acquired or intended for illicit purposes"); United States v. Beras, 183 F.3d 22, 29 (1st Cir. 1999)(vacating
criminal forfeiture of $138,794 following conviction for willful failure to report currency being transported from the
United States and remanding with instructions to draft an inexcessive forfeiture order considering: "(1) that Beras's
violation was not related to any other illegal activities; (2) other penalties that Congress has authorized for Beras's
crimes as well as the maximum penalty provided by the Sentencing Guidelines; and; (3) the extent of the harm caused
by Beras's actions); compare, Yskamp v. DEA, 163 F.3d 767, 773 (3d Cir. 1998)("The DEA noted that CIGNA's
insurance policy reimbursed a claimant even though the property seized was used in illegal drug trafficking, which
effectively insulated criminals from the loss consequences of their crimes. Consequently, the forfeiture of the jet does
not violate the constitutional ban on excessive fines"), with, United States v. Dicter, 198 F.3d 1284, 1292 (11th Cir.
1999)("we do not taker into account the personal impact of a forfeiture on the specific defendant in determining
whether the forefeiture violates the Eighth Amendment").
164
    United States v. Ely, 468 F.3d 399, 403 (6th Cir. 2006)(noting in dicta that the amount confiscated was less than the
advisory fine under the sentencing guidelines); United States v. Ortiz-Cintron, 461 F.3d 78, 81-2 (1st Cir. 2006)("T]his
is not even arguably an excessive fine. The parents' equity in the [forfeited] house is about $33,000; the parents both
pled to drug dealing in amounts that could easily have produced a much larger fine; and the house was used to facilitate
drug dealing. . ."); United States v. Dodge Caravan Grand SE/Sport Van (Clemons), 387 F.3d 758, 763 (8th Cir.
2004)("if the value of the property forfeited is within or near the permissible range of fines using the sentencing
guidelines, the forfeiture almost certainly is not excessive"); United States v. $100,348 (Mayzel), 354 F.3d 1110, 1122
(9th Cir. 2004)(applying Bajakajian factors in a similar case and concluding that confiscation of the full $100,348
would constitute an excessive fine, but the reduced forfeiture of $10,000 did not); United States v. Puche, 350 F.3d
1137, 1154 (11th Cir. 2003)("defendant's reliance on Bajakajian is misplaced as the defendant in that case was not a
money launderer and was convicted only for a reporting offense"); United States v. Collado, 348 F.3d 323, 328 (2d Cir.
2003)(owner's conduct in allowing her property to be used for drug dealing constituted a serious, harmful crime (21
U.S.C. 856) subject to a fine in excessive of the value of the property); United States v. Bollin, 264 F.3d 391, 418-19
(4th Cir. 2001)(money laundering over an extended period of time in connection with a harmful securities fraud scheme
contrasted with a single reporting violations).
165
    The double jeopardy clause which declares that no one shall "be subject for the same offence to be twice put in
jeopardy of life or limb, U.S.Const. Amend.V, prohibits both successive punishment and successive prosecutions of the
same individual for the same criminal offense," United States v. Dixon, 509 U.S. 688, 696 (1993).
166
    One Lot Emerald Cut Stones v. United States, 490 U.S. 232 (1972); United States v. One Assortment of Firearms,
465 U.S. 354, 366 (1984) ("We accordingly conclude that the forfeiture mechanism set forth in §924(d) is not an
additional penalty for the commission of a criminal act, but rather a separate civil sanction, remedial in nature. Because
the §924(d) forfeiture proceeding brought against Mulcahey's firearms is not a criminal proceeding, it is not barred by
the Double Jeopardy Clause.").




   
                                                                                                     


conviction was a prerequisite to forfeiture, if double jeopardy precluded further trial and
conviction, it likewise precluded forfeiture.

The Supreme Court's conclusion in Austin that certain civil forfeitures may be considered
punitive for purposes of the Eighth Amendment's excessive fines clause seemed to have obvious
double jeopardy implications. In fact, the Court went so far as to note that its past decisions
declining to apply the double jeopardy clause to civil forfeitures arose "only in cases where the
forfeiture could properly be characterized as remedial."167 Yet the Court in United States v.
Ursery, 518 U.S. 267 (1996) reaffirmed its faith in the traditional tests. Forfeitures that Congress
has designated as remedial civil sanctions do not implicate double jeopardy concerns unless "the
statutory scheme [is] so punitive either in purpose or effect as to negate Congress' intention to
establish a civil remedial mechanism," 518 U.S. at 278.168

¡          
The Sixth Amendment assures the accused in criminal proceedings the right to a jury trial and to
the assistance of counsel. The right to the assistance of counsel in criminal cases, however, does
not prevent the government from confiscating fees paid to counsel,169 or, upon a probable cause
showing, from obtaining a restraining order to freeze assets preventing the payment of attorneys'
fees.170 The Amendment is by its terms only applicable "in all criminal prosecutions," and
consequently there is no constitutionally required right to assistance of counsel in civil forfeiture
cases.171

The Court's opinion in Libretti, to the effect that there is no right to a jury trial on disputed factual
issues in criminal forfeiture, rests on a somewhat battered foundation. At the time, it was thought
that "there [was] no Sixth Amendment right to jury sentencing, even where the sentence turns on
specific finding of fact." 516 U.S. at 49, quoting McMillan v. Pennsylvania, 477 U.S. 79, 93
(1986). Thereafter, the Court explained that McMillan impermissibly slighted the right to have
certain sentencing factors decided by the jury. "Any fact that increases the penalty for a crime
beyond the prescribed statutory maximum," the Court declared in Apprendi v. New Jersey, 530
U.S. 466, 490 (2000), "must be submitted to a jury, and proved beyond a reasonable doubt." The
erosion of McMillan notwithstanding, the fact that criminal forfeiture is a penalty within "the
prescribed statutory maximum" and that Rule 32.2 of the Federal Rules of Criminal Procedure

167
    Austin v. United States, 509 U.S. 602, 608 n.4 (1993).
168
    United States v. Leyland, 277 F.3d 628, 633 (2d Cir. 2002)(criminal prosecution following civil forfeiture does raise
double jeopardy concerns); United States v. 817 N.E. 29th Drive, 175 F.3d 1304, 1311 (11th Cir. 1999) (civil forfeiture
following conviction; "a forfeiture action cannot serve as the basis for a claim under the Double Jeopardy Clause");
United States v. Candelaria-Silva, 166 F.3d 19, 43-4 (1st Cir. 1999) (criminal forfeiture following initiation of civil
forfeiture proceedings; "a completed civil forfeiture of property does not constitute `jeopardy' under the Double
Jeopardy Clause, and does not bar the subsequent criminal prosecution and punishment of the defendant whose
property was forfeited").
169
    Caplin & Drysdale v. United States, 491 U.S. 617 (1989); United States v. Farmer, 274 F.3d 800, 802 (4th Cir.
2001).
170
    United States v. Monsanto, 491 U.S. 600 (1989); United States v. Undetermined Amount of U.S. Currency (Warren),
376 F.3d 260, 269 (4th Cir. 2004); United States v. Melrose East Subdivision, 357 F.3d 493, 500 (5th Cir. 2004).
171
    United States v. 6 Fox Street, 480 F.3d 38, 45 (1st Cir. 2007); United States v. 817 N.E. 29th Drive, 175 F.3d 1304,
1311 no.13 (11th Cir. 1999); United States v. Michelle's Lounge, 39 F.3d 684, 698 (7th Cir. 1994). CAFRA, however,
permits the appointment of counsel for an indigent civil forfeiture claimant for whom counsel has already been
appointed in connection with a related criminal case, 18 U.S.C. 983(b).




    
                                                                                                        


affords an expanded jury determination right would seem to shield federal criminal forfeiture
procedures from Apprendi-based attacks. Although Apprendi's implications for the preponderance
standard might appear slightly more ominous, the federal appellate courts have either explicitly or
implicitly declined to apply Apprendi to criminal forfeitures.172


       
Due process objections can come in such a multitude of variations that general statements are
hazardous. More specifically, due process demands that those with an interest in the property the
government seeks to confiscate be given notice and opportunity for a hearing to contest.173 Actual
notice is not required but the government's efforts must be "reasonably calculated, under all the
circumstances, to apprise" of the opportunity to contest.174 In some instances, due process permits
the initiation of forfeiture proceedings by seizing the personal property in question without first
giving the property owner either notice or the prior opportunity of a hearing to contest the seizure
and confiscation.175 But absent exigent circumstances, the owner is entitled to the opportunity for
a preseizure hearing in the case of real property where there is no real danger that the property
will be spirited away in order to frustrate efforts to secure in rem jurisdiction over it.176 Due


172
    United States v. Ortiz-Cintron, 461 F.3d 78, 82 (1st Cir. 2006)(Libretti governs until the Supreme Court overturns
it); United States v. Fruchter, 411 F.3d 377, 380-83 (2d Cir. 2005); United States v. Leahy, 438 F.3d 328, (3d Cir.
2006)(refusing to apply Apprendi); United States v. Tedder, 403 F.3d 836, 841 (7th Cir. 2005)(same); United States v.
Hall, 411 F.3d 651, 654 (6th Cir. 2005); United States v. Shryock, 342 F.3d 948, 991 (9th Cir. 2003)(same); United
States v. Gasanova, 332 F.3d 297, 302-303 (5th Cir. 2003)(same); United States v. Cabez, 258 F.3d 1256, 1257 (11th
Cir. 2001)(same); United States v. Huber, 462 F.3d 945, 949 (8th Cir. 2006)(upholding use of the preponderance
standard); United States v. Cherry, 330 F.3d 658, 669-70 (4th Cir. 2003)(same).
173
    United States v. James Daniel Good Real Property, 510 U.S. 43, 48 (1993); United States v. Ritchie, 342 F.3d 903,
901-11 (9th Cir. 2003); Helton v. Hunt, 330 F.3d 242, 247 (4th Cir. 2003); Krimstock v. Kelly, 306 F.3d 40, 51 (2d Cir.
2002).
174
    Dusenbery v. United States, 534 U.S. 161, 173 (2002), quoting, Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950); see also, Taylor v. United States, _ F.3d _, _ (5th Cir. 2007); Nunley v. Department of Justice,
425 F.3d 1132, 1135-136 (8th Cir. 2005); Lobzun v. United States, 422 F.3d 503, 507-508 (7th Cir. 2005); Mesa
Valderrama v. United States, 417 F.3d 1189, 1196-197 (11th Cir. 2005).
175
    "Fuentes [v. Shevin, 407 U.S. 67 (1972)] reaffirmed, however, that, in limited circumstances, immediate seizure of a
property interest, without an opportunity for prior hearing, is constitutionally permissible. Such circumstances are those
in which the seizure has been directly necessary to secure an important governmental or general public interest.
Second, there has been a special need for prompt action. Third, the State has kept strict control over its monopoly of
legitimate force: the person initiating the seizure has been a government official responsible for determining, under
standards of a narrowly drawn statute, that it was necessary and justified in the particular instance." [407 U.S.] at 91. . .
.
The considerations that justified postponement of notice and hearing in those cases are present here. First, seizure under
the Puerto Rican statutes serves significant governmental purposes: Seizure permits Puerto Rico to assert in rem
jurisdiction over the property in order to conduct forfeiture proceedings, thereby fostering the public interest in
preventing continued illicit use of the property and in enforcing criminal sanctions. Second, preseizure notice and
hearing might frustrate the interests served by the statutes, since the property seized ­ as here, a yacht ­ will often be of
a sort that could be removed to another jurisdiction, destroyed, or concealed, if advance warning of confiscation were
given. And finally, unlike the situation in Fuentes, seizure is not initiated by self-interested private parties; rather
Commonwealth officials determine whether seizure is appropriate under the provisions of the Puerto Rico statutes."
Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. at 678-79; see also, United States v. Melrose East Subdivision,
357 F.3d 493, 502 (5th Cir. 2004); United States v. Any and All Radio Station Transmission Equipment (Perez), 218
F.3d 543, 550-51 (6th Cir. 2000); Yskamp v. DEA, 163 F.3d 767, 774 (3d Cir. 1998); United States v. Lot 41, Berryhill
Farm Estates, 128 F.3d 1386, 1392 (10th Cir. 1997); United States v. Down, 68 F.3d 1030, 1038-39 (8th Cir. 1995).
176
    United States v. James Daniel Good Real Property, 510 U.S. 43 (1993).




    
                                                                                                           


process at some point will also require a pretrial hearing on the forfeitability of property made
subject to a postseizure, pretrial restraining order designed to prevent dissipation.177

While due process clearly limits at some point the circumstances under which the property of an
innocent owner may be confiscated,178 the Court has declined the opportunity to broadly assert
that due process uniformly precludes confiscation of the property of an innocent owner, Bennis v.
Michigan, 516 U.S. 442 (1996).179 Bennis, however, is a 5-4 decision in which Justice Ginsburg
joined the majority but filed a concurring opinion in which she emphasized the importance of the
case's somewhat individualistic facts.180

Any delay between seizure and hearing offends due process only when it fails to meet the test
applied in speedy trial cases: is the delay unreasonable given the length of delay, the reasons for
the delay, the claimant's assertion of his or her rights, and prejudice to the claimant?181

In other challenges, the lower federal courts have found that due process permits: the procedure
of shifting the burden of proof to a forfeiture claimant after the government has shown probable
cause and allows use of a probable cause standard in civil forfeitures;182 postponement of the


177
     United States v. Melrose East Subdivision, 357 F.3d 493, 499-500 (5th Cir. 2004), citing inter alia, United States v.
Jones, 160 F.3d 641, 645-48 (10th Cir. 1998); United States v. Moya-Gomez, 860 F.2d 760, 729-30 (7th Cir. 1988);
United States v. Farmer, 274 F.3d 800, 805 (4th Cir. 2001); United States v. Michelle's Lounge, 39 F.3d 684, 700-01
(7th Cir. 1994).
178
     Due process bars forfeiture either (1) where the property has "been taken from [its owner] without his privity or
consent" and used in a manner which would ordinarily give rise to confiscation, or (2) where the owner was "not only. .
. uninvolved in and unaware of the wrongful activity, but also that he had done all that reasonably could be expected to
prevent the proscribed use of the property," Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. at 689.
179
     Bennis also reaffirmed that the takings clause stands as no impediment to an otherwise valid forfeiture: "Petitioner
also claims that the forfeiture in this case was a taking of private property for public use in violation of the Takings
Clause of the Fifth Amendment, made applicable to the States by the Fourteenth Amendment. But if the forfeiture
proceeding here in question did not violate the Fourteenth Amendment, the property in the automobile was transferred
by virtue of that proceeding from petitioner to the State. The government may not be required to compensate an owner
for property which it has already lawfully acquired under the exercise of governmental authority other than the power
of eminent domain," Bennis v. Michigan, 516 U.S. at 452; see also, United States v. $7,990 (Fiorentino), 170 F.3d 843,
845 (8th Cir. 1999).
180
     Bennis v. Michigan, 516 U.S. at 457-58 ("I join the opinion of the Court and highlight features of the case key to my
judgment. . . . First, it bears emphasis that the car in question belonged to John Bennis as much as it did to Tina Bennis.
. . . The sole question, then, is whether Tina Bennis is entitled not to the car, but to a portion of the proceeds (if any
there be after deduction of police, prosecutorial, and court costs) as a matter of constitutional right. Second, it was
`critical' to the judgment of the Michigan Supreme Court that the nuisance abatement proceedings is an `equitable
action.'. . . That means the State's Supreme Court stands ready to police exorbitant applications of the statute. . . . Nor
it is fair to charge the trial court with `blatant unfairness' in the case at hand. . . . The court declined to order a division
of sale proceeds. . . for two practical reasons: the Bennises have `another automobile' and the age and value of the
forfeited car . . . left practically nothing to divide after subtraction of costs. Michigan in short has not embarked on an
experiment to punish innocent third parties. Nor do we conduct any such experiment. Michigan has decided to deter
johns from using cars they own (or co-own) to contribute to neighborhood blight, and that abatement endeavor hardly
warrants this Court's disapprobation").
181
     United States v. $8,850 (Vasquez), 461 U.S. 555, 562-65 (1983); United States v. Ninety Three Firearms, 330 F.3d
414, 424-26 (6th Cir. 2003); ( United States v. $12,248 (Johnson), 957 F.2d 1513, 1518-519 (9th Cir. 1991); United
States v. Premises Located at Route 13, 946 F.2d 749, 754-56 (11th Cir. 1991).
182
     United States v. Melrose East Subdivision, 357 F.3d 493, 501 (5th Cir. 2004); United States v. Property, Parcel of
Aguilar, 337 F.3d 225,229-33 (2d Cir. 2003); United States v. One "Piper" Aztec "F" DeLuxe Model 250 PA 23
Aircraft, 321 F.3d 355, 360-61 (3d Cir. 2003); United States v. Land [in] Winston County (Woods), 163 F.3d 1295,
1303 (11th Cir. 1998); United States v. Santoro, 866 F.2d 1538, 1544 (4th Cir. 1989).




    
                                                                                                       


determination of third-party interests in criminal forfeiture cases until after trial in the main;183
and fugitive disentitlement under 28 U.S.C. 2466.184

Whether in cases occasioned by delay, failure of notice, or want of predeprivational hearing for
real property, the lower courts became somewhat ensnarled in the consequences that flow from a
finding that the government has violated due process demands in a forfeiture context. Some
concluded that the lack of due process voided the purported administrative or judicial forfeiture
even if an intervening statute of limitations barred relitigation of confiscation proceedings;185
others determined that the forfeiture need not be vacated186 although they sometimes held that the
property owner might be entitled to disgorgement or interest.187 CAFRA resolved the conflict by
establishing a timetable within which the government must restart forfeiture proceedings
following a claimant's successful motion setting aside an earlier confiscation declaration.188

       
Section 3 of Article III of the United States Constitution does not appear to threaten most
contemporary forfeiture statutes. It provides in part that "no attainder of treason shall work
corruption of blood, or forfeiture except during the life of the person attainted." The section on its
face seems to restrict forfeiture only in treason cases, but at least one court has suggested a
broader scope.189

Even if Article III when read in conjunction with the due process clause reaches not only treason
but all crimes, its prohibitions run only to forfeiture of estate. They do not address statutory
forfeitures of the type currently found in state and federal law. The critical distinction between
forfeiture of estate and statutory forfeiture is that in the first all of the defendant's property,
related or unrelated to the offense and acquired before, during, or after the crime, is confiscated.
In the second, confiscation is only possible if the property is related to the criminal conduct in the
manner defined by the statute. Some have suggested that Congress intended to revive forfeiture of
estate when it crafted the RICO criminal forfeiture provisions.190 The courts have nevertheless
upheld the RICO provisions in the face of Article III challenges.191

183
    United States v. McHan, 345 F.3d 262, 269-70 (4th Cir. 2003).
184
    Collazos v. United States, 368 F.3d 190, 202 (2d Cir. 2004).
185
    United States v. Marolf, 173 F.3d 1213, 1216-218 (9th Cir. 1999); Clymore v. United States, 164 F.3d 569, 574 (10th
Cir. 1999); Small v. United States, 136 F.3d 1334, 1338 (D.C.Cir. 1998); United States v. Girealdo, 45 F.3d 509, 512
(1st Cir. 1995).
186
    Adames v. United States, 171 F.3d 728, 732 (2d Cir. 1999).
187
    United States v. 1184 Drycreek Rd., 174 F.3d 720, 727-28 (6th Cir. 1999); United States v. Land [in] Winston
County (Woods), 163 F.3d 1295, 1301-302 (11th Cir. 1998); United States v. Marsh, 105 F.3d 927, 931 (4th Cir. 1997);
United States v. 51 Pieces of Real Property (Nitsua Management), 17 F.3d 1306, 1319 (10th Cir. 1994).
Some circuits refuse to recognize the authority to permit such awards against the government, United States v. $7,990
(Fiorentino), 170 F.3d 843, 844-46 (8th Cir. 1999); Ikelionwu v. United States, 150 F.3d 233, 238-39 (2d Cir. 1998).
188
    18 U.S.C. 983(e).
189
    United States v. Grande, 620 F.2d 1026, 1038 (4th Cir. 1980) ("We would agree . . . that if [18 U.S.C.] §1963 [RICO
criminal forfeiture] revives forfeiture of estate as that concept was expressed in the Constitution it is almost certainly
invalid because of the irrationality of a ruling that forfeiture of estate cannot be imposed for treason but can be imposed
for a pattern of lesser crimes").
190
    The confusion apparently stems from the Congressional decision to authorize the use of criminal, in personam
procedures rather than civil, in rem procedures to accomplish confiscation in RICO cases, see S.Rept. 617, 91st Cong.,
1st Sess. 79 (1969). The character of the forfeiture, however, turns not upon the nature of the procedure selected but
(continued...)



    
                                                                                                       


             
Fourth Amendment questions may appear somewhat unsettled. Many statutes reflected the
traditional view of contraband that forfeitable property may be seized without observing the
normal demands of the Amendment's warrant requirements.192 The position of the Supreme Court
is uncertain193 and the lower courts are split as to whether purely domestic forfeiture seizures
must comply with the warrant requirements in the absence of some other applicable and
recognized exception, e.g., seizure of evidence incident to lawful arrest or vehicle seizures.194 The
recent promulgation of Rule G (forfeiture actions in rem) of the Supplemental Admiralty and
Maritime Claims to the Federal Rules of Civil Procedure left the issue unresolved.195


(...continued)
rather whether there is any required nexus between the property and the misconduct which provides the necessary
predicate for confiscation.
191
    United States v. Grande, 620 F.2d 1026, 1037-39 (4th Cir. 1980); United States v. Thevis, 474 F.Supp. 134, 140-41
(N.D.Ga. 1979), aff'd, 665 F.2d 616 (5th Cir. 1982); United States v. Anderson, 637 F.Supp. 632, 634 (N.D.Cal. 1986);
United States v. Pryba, 674 F.Supp. 1504, 1517 (E.D.Va. 1987).
Under some interpretations, Article III or its due process shadow may limit the breadth or availability of the chemical
weapons criminal forfeiture provisions and some of the terrorist civil forfeiture provisions, 18 U.S.C. 229B("Any
person convicted under section 229A(a) shall forfeit to the United States . . . (1) any property, real or personal, owned .
. . by a person involved in the offense") (note that like the forfeiture of estate condemned in Article III the only
apparent nexus between the property and the crime is the property owner); 18 U.S.C. 981(a)(1)(G)(i); 50 U.S.C.
1702(a)(1)(C).
192
    The Fourth Amendment guarantees that, "The right of the people to be secure in their persons, houses, papers and
effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things
to be seized."
193
    "Warrantless searches [and seizures] are presumptively unreasonable, though the Court has recognized a few limited
exceptions to this general rule. E.g., United States v. Ross, 456 U.S. 798 (1982)(automobiles); Schneckloth v.
Bustamonte, 412 U.S. 218 (1973) (consent); Warden v. Hayden, 387 U.S. 294 (1967)." United States v. Karo, 468 U.S.
705, 717 (1984).
The Court noted some time ago that, "The seizure of stolen goods is authorized by the common law; and the seizure of
goods forfeited for a breach of the revenue laws, or concealed to avoid the duties payable on them, has been authorized
by English statutes for at least two centuries past; and the like seizures have been authorized by our own revenue acts
from the commencement of the government. The first statute passed by Congress to regulate the collection of duties,
the act of July 31, 1789, 1 Stat. 19, 43, contains provisions to this effect. "As this act was passed by the same Congress
which proposed for adoption the original amendments to the constitution, it is clear that the members of that body did
not regard searches and seizures of this kind as unreasonable," and they are not embraced within the prohibitions of the
[fourth] amendment." Boyd v. United States, 116 U.S. 616, 623 (1886), quoted in United States v. Ramsey, 431 U.S.
606, 617 (1977).
While the Court continues to recognize an exception to the warrant requirements in customs and other border entry
cases, United States v. Montoya de Hernandez, 473 U.S. 531 (1985), it is less clear that it would find that the exception
embraced purely domestic forfeiture seizures, Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46, 63 (1989)(". . . the
general rule under the Fourth Amendment is that any and all contraband, instrumentalities, and evidence of crimes may
be seized on probable cause and even without a warrant in various circumstances. . . .").
194
    Compare United States v. Salmon, 944 F.2d 1106, 1119 (3d Cir. 1991), with United States v. Parcel of Land at 28
Emery Street, 914 F.2d 1, 5 (1st Cir. 1990); United States v. TWP 17 R4, Certain Real Property in Maine, 970 F.2d 984,
987-89 (1st Cir. 1992); and United States v. Any and All Radio Station Transmission Equipment (Perez), 218 F.3d 543,
550 (6th Cir. 2000) (forfeiture proceedings initiated under the Supplemental Rules do not require proof of wrongdoing
for issuance of a warrant to seize the property).
The Court did little to clarify the question when it affirmed the traditional conveyance exception to the warrant
requirement and held that police need not obtain a warrant before seizing a car from a public place when they have
probable cause to believe the car is forfeitable, Florida v. White, 526 U.S. 559 (1999).
195
    Supplemental Rule G(3)(b)(emphasis added)("If the defendant is not real property: (i) the clerk must issue a warrant
(continued...)



   
                                                                                                       


The point may be academic. Unlawfully seized evidence may not be used in the forfeiture
proceedings,196 but unlawful seizure of the res does not doom the proceedings as long as there is
sufficient untainted evidence to support the confiscation.197

          
When confiscation involves material entitled to First Amendment protection, more demanding
standards must be met. In Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989), the Court held
while a single book or film might be seized upon an ex parte probable cause showing, books or
films could not be taken completely out of circulation until after an adversary hearing on their
obscenity. On the other hand, the First Amendment stands as no bar to the use of criminal
forfeiture to punish those convicted of engaging in the commercial exploitation of obscenity,198
nor to civil forfeiture of the equipment used by an unlicensed radio station.199




(...continued)
to arrest the property if it is in the government's possession, custody, or control; (ii) the court ­ on finding probable
cause ­ must issue a warrant to arrest the property if it is not in the government's possession, custody, or control and is
not subject to a judicial restraining order; and (iii) a warrant is not necessary if the property is subject to a judicial
restraining order").
196
    One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 697-98 (1965); United States v. 5800 SW 74th Avenue,
363 F.3d 1099, 1102 (11th Cir. 2004); United States v. Ninety-Two Thousand Four Hundred Twenty-Two Dollars and
Fifty-Seven Cents (Kim's Warehouse), 307 F.3d 137, 142 (3d Cir. 2002); United States v. $557,933.80 More or Less
(Mercado-Filpo), 287 F.3d 66, 80 (2d Cir. 2002); United States v. 22249 Dolorosa St., 167 F.3d 509, 513 (9th Cir.
1999); United States v. $404,905 (Alexander), 182 F.3d 643, 646 (8th Cir. 1999); United States v. 9844 S.Titan Court,
75 F.3d 1470, 1492 (10th Cir. 1996).
197
    United States v. $91,960.00 (Rosario), 897 F.2d 1457 (8th Cir. 1990); One 1958 Plymouth Sedan v. Pennsylvania,
380 U.S. 693 (1965); INS v. Lopez-Mendoza, 468 U.S. 1032, 1039-40 (1984)( "[T]he body or identity of a defendant or
respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an unlawful arrest, even if it is
conceded that an unlawful arrest, search or interrogation occurred. Gerstine v. Pugh, 420 U.S. 103, 119 (1975); Frisbie
v. Collins, 342 U.S. 519, 522 (1952). . . . [a] similar rule applies in forfeiture proceedings directed against contraband
or forfeitable property."); United States v. 51 Pieces of Real Property, 17 F.3d 1306, 1315-316 (10th Cir. 1994); United
States v. $12,390.00 (Dorsey), 956 F.2d 801, 806 (8th Cir. 1992); United States v. $277,000.00 (Montes), 941 F.2d 899,
902 (9th Cir. 1991); United States v. 415 East Mitchell Ave., 149 F.3d 472, 476 (6th Cir. 1998); Krimstock v. Kelly, 306
F.3d 40, 50(2d Cir. 2002)("[T]he seizure and forfeiture of property are two distinct events under the federal civil
forfeiture laws. While both events require the government to have probable cause, the government is not required to
demonstrate probable cause until the forfeiture trial unless a claimant challenges the validity of the seizure before trial.
If the government, once challenged, cannot establish probable cause for the initial seizure or offer post-seizure evidence
to justify continued impoundment, retention of the seized property runs afoul of the Fourth Amendment").
198
    Alexander v. United States, 509 U.S. 544, 552 (1993).
199
    United States v. Any and All Radio Station Transmission Equipment (Perez), 218 F.3d 543, 549-60 (6th Cir. 2000).




   
                                                                                     



   
                     
(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 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 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

    (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.

    (iv) of any individual, entity, or organization engaged in planning or perpetrating any act of
    international terrorism (as defined in section 2331) against an 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. 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 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) 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 bank,
and that foreign bank 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 bank, 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
bank 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 bank, 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 bank 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 bank at the time such funds were deposited; and

(II) does not include either the foreign bank or any financial institution acting as an intermediary
in the transfer of the funds into the interbank account.

(ii) Exception.--The foreign bank 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 bank; or


   
                                                                                      


(II) the foreign bank establishes, by a preponderance of the evidence, that prior to the restraint,
seizure, or arrest of the funds, the foreign bank had discharged all or part of its obligation to the
prior owner of the funds, in which case the foreign bank shall be deemed the owner of the funds
to the extent of such discharged obligation.


                     
(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section
1956, 1957, or 1960 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.

(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.

(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.




   
                                                                                        


(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.

(6)(A) The court, in imposing sentence on a person convicted of a violation of, or conspiracy to
violate, section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or
section 554, 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 the
offense of which the person is convicted; 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 the offense of which the person is convicted; or

(II) that is used to facilitate, or is intended to be used to facilitate, the commission of the offense
of which the person is convicted.

(B) The court, in imposing sentence on a person described in subparagraph (A), shall order that
the person forfeit to the United States all property described in that subparagraph.

(7) 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.

(8) 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.


   
                                                                                       


(b)(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).

(2) 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 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.

                         
(a) Notice; claim; complaint.--

(1)(A)(i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture
proceeding under a civil forfeiture statute, with respect to which the Government is required to
send written notice to interested parties, such notice shall be sent in a manner to achieve proper
notice as soon as practicable, and in no case more than 60 days after the date of the seizure.

(ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial
forfeiture action against the property and provides notice of that action as required by law.

(iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture
action, but does obtain a criminal indictment containing an allegation that the property is subject
to forfeiture, the Government shall either--

    (I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding
    under this section; or

    (II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to
    preserve its right to maintain custody of the property as provided in the applicable criminal
    forfeiture statute.

(iv) In a case in which the property is seized by a State or local law enforcement agency and
turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law,
notice shall be sent not more than 90 days after the date of seizure by the State or local law
enforcement agency.

(v) If the identity or interest of a party is not determined until after the seizure or turnover but is
determined before a declaration of forfeiture is entered, notice shall be sent to such interested
party not later than 60 days after the determination by the Government of the identity of the party
or the party's interest.

(B) A supervisory official in the headquarters office of the seizing agency may extend the period
for sending notice under subparagraph (A) for a period not to exceed 30 days (which period may
not be further extended except by a court), if the official determines that the conditions in
subparagraph (D) are present.




   
                                                                                     


(C) Upon motion by the Government, a court may extend the period for sending notice under
subparagraph (A) for a period not to exceed 60 days, which period may be further extended by
the court for 60-day periods, as necessary, if the court determines, based on a written certification
of a supervisory official in the headquarters office of the seizing agency, that the conditions in
subparagraph (D) are present.

(D) The period for sending notice under this paragraph may be extended only if there is reason to
believe that notice may have an adverse result, including--

        (i) endangering the life or physical safety of an individual;

        (ii) flight from prosecution;

        (iii) destruction of or tampering with evidence;

        (iv) intimidation of potential witnesses; or

        (v) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(E) Each of the Federal seizing agencies conducting nonjudicial forfeitures under this section
shall report periodically to the Committees on the Judiciary of the House of Representatives and
the Senate the number of occasions when an extension of time is granted under subparagraph (B).

(F) If the Government does not send notice of a seizure of property in accordance with
subparagraph (A) to the person from whom the property was seized, and no extension of time is
granted, the Government shall return the property to that person without prejudice to the right of
the Government to commence a forfeiture proceeding at a later time. The Government shall not
be required to return contraband or other property that the person from whom the property was
seized may not legally possess.

(2)(A) Any person claiming property seized in a nonjudicial civil forfeiture proceeding under a
civil forfeiture statute may file a claim with the appropriate official after the seizure.

(B) A claim under subparagraph (A) may be filed not later than the deadline set forth in a personal
notice letter (which deadline may be not earlier than 35 days after the date the letter is mailed),
except that if that letter is not received, then a claim may be filed not later than 30 days after the
date of final publication of notice of seizure.

(C) A claim shall--

    (i) identify the specific property being claimed;

    (ii) state the claimant's interest in such property; and

    (iii) be made under oath, subject to penalty of perjury.

(D) A claim need not be made in any particular form. Each Federal agency conducting nonjudicial
forfeitures under this section shall make claim forms generally available on request, which forms
shall be written in easily understandable language.




   
                                                                                       


(E) Any person may make a claim under subparagraph (A) without posting bond with respect to
the property which is the subject of the claim.

(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint
for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and
Maritime Claims or return the property pending the filing of a complaint, except that a court in
the district in which the complaint will be filed may extend the period for filing a complaint for
good cause shown or upon agreement of the parties.

(B) If the Government does not--

    (i) file a complaint for forfeiture or return the property, in accordance with subparagraph (A);
    or

    (ii) before the time for filing a complaint has expired--

        (I) obtain a criminal indictment containing an allegation that the property is subject to
        forfeiture; and

        (II) take the steps necessary to preserve its right to maintain custody of the property as
        provided in the applicable criminal forfeiture statute,

the Government shall promptly release the property pursuant to regulations promulgated by the
Attorney General, and may not take any further action to effect the civil forfeiture of such
property in connection with the underlying offense.

(C) In lieu of, or in addition to, filing a civil forfeiture complaint, the Government may include a
forfeiture allegation in a criminal indictment. If criminal forfeiture is the only forfeiture
proceeding commenced by the Government, the Government's right to continued possession of
the property shall be governed by the applicable criminal forfeiture statute.

(D) No complaint may be dismissed on the ground that the Government did not have adequate
evidence at the time the complaint was filed to establish the forfeitability of the property.

(4)(A) In any case in which the Government files in the appropriate United States district court a
complaint for forfeiture of property, any person claiming an interest in the seized property may
file a claim asserting such person's interest in the property in the manner set forth in the
Supplemental Rules for Certain Admiralty and Maritime Claims, except that such claim may be
filed not later than 30 days after the date of service of the Government's complaint or, as
applicable, not later than 30 days after the date of final publication of notice of the filing of the
complaint.

(B) A person asserting an interest in seized property, in accordance with subparagraph (A), shall
file an answer to the Government's complaint for forfeiture not later than 20 days after the date of
the filing of the claim.

(b) Representation.--

(1)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture
proceeding under a civil forfeiture statute is financially unable to obtain representation by
counsel, and the person is represented by counsel appointed under section 3006A of this title in


   
                                                                                      


connection with a related criminal case, the court may authorize counsel to represent that person
with respect to the claim.

(B) In determining whether to authorize counsel to represent a person under subparagraph (A),
the court shall take into account such factors as--

    (i) the person's standing to contest the forfeiture; and

    (ii) whether the claim appears to be made in good faith.

(2)(A) If a person with standing to contest the forfeiture of property in a judicial civil forfeiture
proceeding under a civil forfeiture statute is financially unable to obtain representation by
counsel, and the property subject to forfeiture is real property that is being used by the person as a
primary residence, the court, at the request of the person, shall insure that the person is
represented by an attorney for the Legal Services Corporation with respect to the claim.

(B)(i) At appropriate times during a representation under subparagraph (A), the Legal Services
Corporation shall submit a statement of reasonable attorney fees and costs to the court.

(ii) The court shall enter a judgment in favor of the Legal Services Corporation for reasonable
attorney fees and costs submitted pursuant to clause (i) and treat such judgment as payable under
section 2465 of title 28, United States Code, regardless of the outcome of the case.

(3) The court shall set the compensation for representation under this subsection, which shall be
equivalent to that provided for court-appointed representation under section 3006A of this title.

(c) Burden of proof.--In a suit or action brought under any civil forfeiture statute for the civil
forfeiture of any property--

(1) the burden of proof is on the Government to establish, by a preponderance of the evidence,
that the property is subject to forfeiture;

(2) the Government may use evidence gathered after the filing of a complaint for forfeiture to
establish, by a preponderance of the evidence, that property is subject to forfeiture; and

(3) if the Government's theory of forfeiture is that the property was used to commit or facilitate
the commission of a criminal offense, or was involved in the commission of a criminal offense,
the Government shall establish that there was a substantial connection between the property and
the offense.

(d) Innocent owner defense.--

(1) An innocent owner's interest in property shall not be forfeited under any civil forfeiture
statute. The claimant shall have the burden of proving that the claimant is an innocent owner by a
preponderance of the evidence.

(2)(A) With respect to a property interest in existence at the time the illegal conduct giving rise to
forfeiture took place, the term "innocent owner" means an owner who--

    (i) did not know of the conduct giving rise to forfeiture; or



   
                                                                                      


    (ii) upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be
    expected under the circumstances to terminate such use of the property.

(B)(i) For the purposes of this paragraph, ways in which a person may show that such person did
all that reasonably could be expected may include demonstrating that such person, to the extent
permitted by law--

    (I) gave timely notice to an appropriate law enforcement agency of information that led the
    person to know the conduct giving rise to a forfeiture would occur or has occurred; and

    (II) in a timely fashion revoked or made a good faith attempt to revoke permission for those
    engaging in such conduct to use the property or took reasonable actions in consultation with a
    law enforcement agency to discourage or prevent the illegal use of the property.

(ii) A person is not required by this subparagraph to take steps that the person reasonably believes
would be likely to subject any person (other than the person whose conduct gave rise to the
forfeiture) to physical danger.

(3)(A) With respect to a property interest acquired after the conduct giving rise to the forfeiture
has taken place, the term "innocent owner" means a person who, at the time that person acquired
the interest in the property--

    (i) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or
    services for value); and

    (ii) did not know and was reasonably without cause to believe that the property was subject to
    forfeiture.

(B) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the
claimant gave nothing of value in exchange for the property if--

    (i) the property is the primary residence of the claimant;

    (ii) depriving the claimant of the property would deprive the claimant of the means to
    maintain reasonable shelter in the community for the claimant and all dependents residing
    with the claimant;

    (iii) the property is not, and is not traceable to, the proceeds of any criminal offense; and

    (iv) the claimant acquired his or her interest in the property through marriage, divorce, or
    legal separation, or the claimant was the spouse or legal dependent of a person whose death
    resulted in the transfer of the property to the claimant through inheritance or probate,

except that the court shall limit the value of any real property interest for which innocent
ownership is recognized under this subparagraph to the value necessary to maintain reasonable
shelter in the community for such claimant and all dependents residing with the claimant.

(4) Notwithstanding any provision of this subsection, no person may assert an ownership interest
under this subsection in contraband or other property that it is illegal to possess.




   
                                                                                       


(5) If the court determines, in accordance with this section, that an innocent owner has a partial
interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in
such property, the court may enter an appropriate order--

(A) severing the property;

(B) transferring the property to the Government with a provision that the Government
compensate the innocent owner to the extent of his or her ownership interest once a final order of
forfeiture has been entered and the property has been reduced to liquid assets; or

(C) permitting the innocent owner to retain the property subject to a lien in favor of the
Government to the extent of the forfeitable interest in the property.

(6) In this subsection, the term "owner"--

(A) means a person with an ownership interest in the specific property sought to be forfeited,
including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an
ownership interest; and

(B) does not include--

    (i) a person with only a general unsecured interest in, or claim against, the property or estate
    of another;

    (ii) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest
    in the property seized; or

    (iii) a nominee who exercises no dominion or control over the property.

(e) Motion to set aside forfeiture.--

(1) Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a
civil forfeiture statute who does not receive such notice may file a motion to set aside a
declaration of forfeiture with respect to that person's interest in the property, which motion shall
be granted if--

(A) the Government knew, or reasonably should have known, of the moving party's interest and
failed to take reasonable steps to provide such party with notice; and

(B) the moving party did not know or have reason to know of the seizure within sufficient time to
file a timely claim.

(2)(A) Notwithstanding the expiration of any applicable statute of limitations, if the court grants a
motion under paragraph (1), the court shall set aside the declaration of forfeiture as to the interest
of the moving party without prejudice to the right of the Government to commence a subsequent
forfeiture proceeding as to the interest of the moving party.

(B) Any proceeding described in subparagraph (A) shall be commenced--

    (i) if nonjudicial, within 60 days of the entry of the order granting the motion; or



   
                                                                                         


    (ii) if judicial, within 6 months of the entry of the order granting the motion.

(3) A motion under paragraph (1) may be filed not later than 5 years after the date of final
publication of notice of seizure of the property.

(4) If, at the time a motion made under paragraph (1) is granted, the forfeited property has been
disposed of by the Government in accordance with law, the Government may institute
proceedings against a substitute sum of money equal to the value of the moving party's interest in
the property at the time the property was disposed of.

(5) A motion filed under this subsection shall be the exclusive remedy for seeking to set aside a
declaration of forfeiture under a civil forfeiture statute.

(f) Release of seized property.--

(1) A claimant under subsection (a) is entitled to immediate release of seized property if--

(A) the claimant has a possessory interest in the property;

(B) the claimant has sufficient ties to the community to provide assurance that the property will
be available at the time of the trial;

(C) the continued possession by the Government pending the final disposition of forfeiture
proceedings will cause substantial hardship to the claimant, such as preventing the functioning of
a business, preventing an individual from working, or leaving an individual homeless;

(D) the claimant's likely hardship from the continued possession by the Government of the seized
property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or
transferred if it is returned to the claimant during the pendency of the proceeding; and

(E) none of the conditions set forth in paragraph (8) applies.

(2) A claimant seeking release of property under this subsection must request possession of the
property from the appropriate official, and the request must set forth the basis on which the
requirements of paragraph (1) are met.

(3)(A) If not later than 15 days after the date of a request under paragraph (2) the property has not
been released, the claimant may file a petition in the district court in which the complaint has
been filed or, if no complaint has been filed, in the district court in which the seizure warrant was
issued or in the district court for the district in which the property was seized.

(B) The petition described in subparagraph (A) shall set forth--

    (i) the basis on which the requirements of paragraph (1) are met; and

    (ii) the steps the claimant has taken to secure release of the property from the appropriate
    official.

(4) If the Government establishes that the claimant's claim is frivolous, the court shall deny the
petition. In responding to a petition under this subsection on other grounds, the Government may



   
                                                                                        


in appropriate cases submit evidence ex parte in order to avoid disclosing any matter that may
adversely affect an ongoing criminal investigation or pending criminal trial.

(5) The court shall render a decision on a petition filed under paragraph (3) not later than 30 days
after the date of the filing, unless such 30-day limitation is extended by consent of the parties or
by the court for good cause shown.

(6) If--

(A) a petition is filed under paragraph (3); and

(B) the claimant demonstrates that the requirements of paragraph (1) have been met,

the district court shall order that the property be returned to the claimant, pending completion of
proceedings by the Government to obtain forfeiture of the property.

(7) If the court grants a petition under paragraph (3)--

(A) the court may enter any order necessary to ensure that the value of the property is maintained
while the forfeiture action is pending, including--

    (i) permitting the inspection, photographing, and inventory of the property;

    (ii) fixing a bond in accordance with rule E(5) of the Supplemental Rules for Certain
    Admiralty and Maritime Claims; and

    (iii) requiring the claimant to obtain or maintain insurance on the subject property; and

(B) the Government may place a lien against the property or file a lis pendens to ensure that the
property is not transferred to another person.

(8) This subsection shall not apply if the seized property--

(A) is contraband, currency, or other monetary instrument, or electronic funds unless such
currency or other monetary instrument or electronic funds constitutes the assets of a legitimate
business which has been seized;

(B) is to be used as evidence of a violation of the law;

(C) by reason of design or other characteristic, is particularly suited for use in illegal activities; or

(D) is likely to be used to commit additional criminal acts if returned to the claimant.

(g) Proportionality.--

(1) The claimant under subsection (a)(4) may petition the court to determine whether the
forfeiture was constitutionally excessive.

(2) In making this determination, the court shall compare the forfeiture to the gravity of the
offense giving rise to the forfeiture.



   
                                                                                        


(3) The claimant shall have the burden of establishing that the forfeiture is grossly disproportional
by a preponderance of the evidence at a hearing conducted by the court without a jury.

(4) If the court finds that the forfeiture is grossly disproportional to the offense it shall reduce or
eliminate the forfeiture as necessary to avoid a violation of the Excessive Fines Clause of the
Eighth Amendment of the Constitution.

(h) Civil fine.--

(1) In any civil forfeiture proceeding under a civil forfeiture statute in which the Government
prevails, if the court finds that the claimant's assertion of an interest in the property was frivolous,
the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of
the forfeited property, but in no event shall the fine be less than $250 or greater than $5,000.

(2) Any civil fine imposed under this subsection shall not preclude the court from imposing
sanctions under rule 11 of the Federal Rules of Civil Procedure.

(3) In addition to the limitations of section 1915 of title 28, United States Code, in no event shall
a prisoner file a claim under a civil forfeiture statute or appeal a judgment in a civil action or
proceeding based on a civil forfeiture statute if the prisoner has, on three or more prior occasions,
while incarcerated or detained in any facility, brought an action or appeal in a court of the United
States that was dismissed on the grounds that it is frivolous or malicious, unless the prisoner
shows extraordinary and exceptional circumstances.

(i) Civil forfeiture statute defined.--In this section, the term "civil forfeiture statute"--

(1) means any provision of Federal law providing for the forfeiture of property other than as a
sentence imposed upon conviction of a criminal offense; and

(2) does not include--

(A) the Tariff Act of 1930 or any other provision of law codified in title 19;

(B) the Internal Revenue Code of 1986;

(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);

(D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.) or the International Emergency
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); or

(E) section 1 of title VI of the Act of June 15, 1917 (40 Stat. 233; 22 U.S.C. 401).

(j) Restraining orders; protective orders.--

(1) Upon application of the United States, the court may enter a restraining order or injunction,
require the execution of satisfactory performance bonds, create receiverships, appoint
conservators, custodians, appraisers, accountants, or trustees, or take any other action to seize,
secure, maintain, or

preserve the availability of property subject to civil forfeiture--



   
                                                                                        


(A) upon the filing of a civil forfeiture complaint alleging that the property with respect to which
the order is sought is subject to civil forfeiture; or

(B) prior to the filing of such a complaint, if, after notice to persons appearing to have an interest
in the property and opportunity for a hearing, the court determines that--

(i) there is a substantial probability that the United States will prevail on the issue of forfeiture
and that failure to enter the order will result in the property being destroyed, removed from the
jurisdiction of the court, or otherwise made unavailable for forfeiture; and

(ii) the need to preserve the availability of the property through the entry of the requested order
outweighs the hardship on any party against whom the order is to be entered.

(2) An order entered pursuant to paragraph (1)(B) shall be effective for not more than 90 days,
unless extended by the court for good cause shown, or unless a complaint described in paragraph
(1)(A) has been filed.

(3) A temporary restraining order under this subsection may be entered upon application of the
United States without notice or opportunity for a hearing when a complaint has not yet been filed
with respect to the property, if the United States demonstrates that there is probable cause to
believe that the property with respect to which the order is sought is subject to civil forfeiture and
that provision of notice will jeopardize the availability of the property for forfeiture. Such a
temporary order shall expire not more than 10 days after the date on which it is entered, unless
extended for good cause shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order entered under this
paragraph shall be held at the earliest possible time and prior to the expiration of the temporary
order.

(4) The court may receive and consider, at a hearing held pursuant to this subsection, evidence
and information that would be inadmissible under the Federal Rules of Evidence.


                        ¢
(a)(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 precious metals--

    (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 (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.

(b) 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.




   
                                                                                     


(c)(1) Subsection (a) does not apply to an action against funds held by a financial institution in an
interbank account unless the account holder knowingly engaged in the offense that is the basis for
the forfeiture.

(2) In this subsection--

    (A) 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))); and

    (B) the term "interbank account" means an account held by one financial institution at
    another financial institution primarily for the purpose of facilitating customer transactions.

(d) 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.

                          
(a) Right to contest.­ An owner of property that is confiscated under any provision of law relating
to the confiscation of assets of suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules
for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that­

(1) the property is not subject to confiscation under such provision of law; or

(2) the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the
case.

(b) Evidence.­ In considering a claim filed under this section, a court may admit evidence that is
otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the
evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the
national security interests of the United States.

(c) Clarifications.­

(1) Protection of rights.­ The exclusion of certain provisions of Federal law from the definition of
the term "civil forfeiture statute" in section 983(i) of title 18, United States Code, shall not be
construed to deny an owner of property the right to contest the confiscation of assets of suspected
international terrorists under­

    (A) subsection (a) of this section;

    (B) the Constitution; or

    (C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the
    "Administrative Procedure Act").

(2) Savings clause.­ Nothing in this section shall limit or otherwise affect any other remedies that
may be available to an owner of property under section 983 of title 18, United States Code, or any
other provision of law.



   
                                                                                       


                        ¢
(a) Notwithstanding any other provision of law, all civil forfeitures of real property and interests
in real property shall proceed as judicial forfeitures.

(b)(1) Except as provided in this section--

    (A) real property that is the subject of a civil forfeiture action shall not be seized before entry
    of an order of forfeiture; and

    (B) the owners or occupants of the real property shall not be evicted from, or otherwise
    deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture
    action.

(2) The filing of a lis pendens and the execution of a writ of entry for the purpose of conducting
an inspection and inventory of the property shall not be considered a seizure under this
subsection.

(c)(1) The Government shall initiate a civil forfeiture action against real property by--

    (A) filing a complaint for forfeiture;

    (B) posting a notice of the complaint on the property; and

    (C) serving notice on the property owner, along with a copy of the complaint.

(2) If the property owner cannot be served with the notice under paragraph (1) because the
owner--

    (A) is a fugitive;

    (B) resides outside the United States and efforts at service pursuant to rule 4 of the Federal
    Rules of Civil Procedure are unavailing; or

    (C) cannot be located despite the exercise of due diligence, constructive service may be made
    in accordance with the laws of the State in which the property is located.

(3) If real property has been posted in accordance with this subsection, it shall not be necessary
for the court to issue an arrest warrant in rem, or to take any other action to establish in rem
jurisdiction over the property.

(d)(1) Real property may be seized prior to the entry of an order of forfeiture if--

    (A) the Government notifies the court that it intends to seize the property before trial; and

    (B) the court--

        (i) issues a notice of application for warrant, causes the notice to be served on the
        property owner and posted on the property, and conducts a hearing in which the property
        owner has a meaningful opportunity to be heard; or



   
                                                                                        


        (ii) makes an ex parte determination that there is probable cause for the forfeiture and that
        there are exigent circumstances that permit the Government to seize the property without
        prior notice and an opportunity for the property owner to be heard.

(2) For purposes of paragraph (1)(B)(ii), to establish exigent circumstances, the Government shall
show that less restrictive measures such as a lis pendens, restraining order, or bond would not
suffice to protect the Government's interests in preventing the sale, destruction, or continued
unlawful use of the real property.

(e) If the court authorizes a seizure of real property under subsection (d)(1)(B)(ii), it shall conduct
a prompt post-seizure hearing during which the property owner shall have an opportunity to
contest the basis for the seizure.

(f) This section--

    (1) applies only to civil forfeitures of real property and interests in real property;

    (2) does not apply to forfeitures of the proceeds of the sale of such property or interests, or of
    money or other assets intended to be used to acquire such property or interests; and

    (3) shall not affect the authority of the court to enter a restraining order relating to real
    property.


                        
(a) Subject property

The following shall be subject to forfeiture to the United States and no property right shall exist
in them:

(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired
in violation of this subchapter.

(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in
manufacturing, compounding, processing, delivering, importing, or exporting any controlled
substance or listed chemical in violation of this subchapter.

(3) All property which is used, or intended for use, as a container for property described in
paragraph (1), (2), or (9).

(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for
use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or
concealment of property described in paragraph (1), (2), or (9).

(5) All books, records, and research, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this subchapter.

(6) All moneys, negotiable instruments, securities, or other things of value furnished or intended
to be furnished by any person in exchange for a controlled substance or listed chemical in
violation of this subchapter, all proceeds traceable to such an exchange, and all moneys,



   
                                                                                        


negotiable instruments, and securities used or intended to be used to facilitate any violation of this
subchapter.

(7) All real property, including any right, title, and interest (including any leasehold interest) in
the whole of any lot or tract of land and any appurtenances or improvements, which is used, or
intended to be used, in any manner or part, to commit, or to facilitate the commission of, a
violation of this subchapter punishable by more than one year's imprisonment.

(8) All controlled substances which have been possessed in violation of this subchapter.

(9) All listed chemicals, all drug manufacturing equipment, all tableting machines, all
encapsulating machines, and all gelatin capsules, which have been imported, exported,
manufactured, possessed, distributed, dispensed, acquired, or intended to be distributed,
dispensed, acquired, imported, or exported, in violation of this subchapter or subchapter II of this
chapter.

(10) Any drug paraphernalia (as defined in section 863 of this title).

(11) Any firearm (as defined in section 921 of Title 18) used or intended to be used to facilitate
the transportation, sale, receipt, possession, or concealment of property described in paragraph (1)
or (2) and any proceeds traceable to such property.

(b) Seizure procedures

Any property subject to forfeiture to the United States under this section may be seized by the
Attorney General in the manner set forth in section 981(b) of Title 18.

(c) Custody of Attorney General

Property taken or detained under this section shall not be repleviable, but shall be deemed to be in
the custody of the Attorney General, subject only to the orders and decrees of the court or the
official having jurisdiction thereof. Whenever property is seized under any of the provisions of
this subchapter, the Attorney General 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) Other laws and proceedings applicable

The provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation
of property for violation of the customs laws; the disposition of such property or the proceeds
from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of
claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any
of the provisions of this subchapter, insofar as applicable and not inconsistent with the provisions
hereof; 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 subchapter by such officers, agents, or


   
                                                                                     


other persons as may be authorized or designated for that purpose by the Attorney General, except
to the extent that such duties arise from seizures and forfeitures effected by any customs officer.

(e) Disposition of forfeited property

(1) Whenever property is civilly or criminally forfeited under this subchapter the Attorney
General may--

    (A) retain the property for official use or, in the manner provided with respect to transfers
    under section 1616a of Title 19, transfer the property to any Federal agency or to any State or
    local law enforcement agency which participated directly in the seizure or forfeiture of the
    property;

    (B) except as provided in paragraph (4), sell, by public sale or any other commercially
    feasible means, any forfeited property which is not required to be destroyed by law and which
    is not harmful to the public;

    (C) require that the General Services Administration take custody of the property and dispose
    of it in accordance with law;

    (D) forward it to the Drug Enforcement Administration for disposition (including delivery for
    medical or scientific use to any Federal or State agency under regulations of the Attorney
    General); or

    (E) 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--

        (i) has been agreed to by the Secretary of State;

        (ii) is authorized in an international agreement between the United States and the foreign
        country; and

        (iii) is made to a country which, if applicable, has been certified under section 2291j(b) of
        Title 22.

(2)(A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys
forfeited under this title shall be used to pay--

    (i) all property expenses of the proceedings for forfeiture and sale including expenses of
    seizure, maintenance of custody, advertising, and court costs; and

    (ii) awards of up to $100,000 to any individual who provides original information which
    leads to the arrest and conviction of a person who kills or kidnaps a Federal drug law
    enforcement agent.

Any award paid for information concerning the killing or kidnaping of a Federal drug law
enforcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney
General.




   
                                                                                        


(B) The Attorney General shall forward to the Treasurer of the United States for deposit in
accordance with section 524(c) of Title 28, any amounts of such moneys and proceeds remaining
after payment of the expenses provided in subparagraph (A), except that, with respect to
forfeitures conducted by the Postal Service, the Postal Service shall deposit in the Postal Service
Fund, under section 2003(b)(7) of Title 39, such moneys and proceeds.

(3) The Attorney General shall assure that any property transferred to a State or local law
enforcement agency under paragraph (1)(A)--

    (A) has a value that bears a reasonable relationship to the degree of direct participation of the
    State or local agency in the law enforcement effort resulting in the forfeiture, taking into
    account the total value of all property forfeited and the total law enforcement effort with
    respect to the violation of law on which the forfeiture is based; and

    (B) will serve to encourage further cooperation between the recipient State or local agency
    and Federal law enforcement agencies.

(4)(A) With respect to real property described in subparagraph (B), if the chief executive officer
of the State involved submits to the Attorney General a request for purposes of such
subparagraph, the authority established in such subparagraph is in lieu of the authority established
in paragraph (1)(B).

(B) In the case of property described in paragraph (1)(B) that is civilly or criminally forfeited
under this subchapter, if the property is real property that is appropriate for use as a public area
reserved for recreational or historic purposes or for the preservation of natural conditions, the
Attorney General, upon the request of the chief executive officer of the State in which the
property is located, may transfer title to the property to the State, either without charge or for a
nominal charge, through a legal instrument providing that--

    (i) such use will be the principal use of the property; and

    (ii) title to the property reverts to the United States in the event that the property is used
    otherwise.

(f) Forfeiture and destruction of schedule I and II substances

(1) All controlled substances in schedule I or II that are possessed, transferred, sold, or offered for
sale in violation of the provisions of this subchapter; all dangerous, toxic, or hazardous raw
materials or products subject to forfeiture under subsection (a)(2) of this section; and any
equipment or container subject to forfeiture under subsection (a)(2) or (3) of this section which
cannot be separated safely from such raw materials or products shall be deemed contraband and
seized and summarily forfeited to the United States. Similarly, all substances in schedule I or II,
which are seized or come into the possession of the United States, the owners of which are
unknown, shall be deemed contraband and summarily forfeited to the United States.

(2) The Attorney General may direct the destruction of all controlled substances in schedule I or
II seized for violation of this subchapter; all dangerous, toxic, or hazardous raw materials or
products subject to forfeiture under subsection (a)(2) of this section; and any equipment or
container subject to forfeiture under subsection (a)(2) or (3) of this section which cannot be
separated safely from such raw materials or products under such circumstances as the Attorney
General may deem necessary.


   
                                                                                         


(g) Plants

(1) All species of plants from which controlled substances in schedules I and II may be derived
which have been planted or cultivated in violation of this subchapter, or of which the owners or
cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the
United States.

(2) The failure, upon demand by the Attorney General or his duly authorized agent, of the person
in occupancy or in control of land or premises upon which such species of plants are growing or
being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall
constitute authority for the seizure and forfeiture.

(3) The Attorney General, or his duly authorized agent, shall have authority to enter upon any
lands, or into any dwelling pursuant to a search warrant, to cut, harvest, carry off, or destroy such
plants.

(h) Vesting of title in United States

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.

(i) Stay of civil forfeiture proceedings; applicability

The provisions of section 981(g) of title 18, United States Code, regarding the stay of a civil
forfeiture proceeding shall apply to forfeitures under this section.

(j) Venue

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.

(l) Agreement between Attorney General and Postal Service for performance of functions

The functions of the Attorney General under this section shall be carried out by the Postal Service
pursuant to such agreement as may be entered into between the Attorney General and the Postal
Service.

                       
(a) Property subject to criminal forfeiture

Any person convicted of a violation of this subchapter or subchapter II of this chapter punishable
by imprisonment for more than one year shall forfeit to the United States, irrespective of any
provision of State law--

(1) any property constituting, or derived from, any proceeds the person obtained, directly or
indirectly, as the result of such violation;



   
                                                                                       


(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or
to facilitate the commission of, such violation; and

(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation
of section 848 of this title, the person shall forfeit, in addition to any property described in
paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights
affording a source of control over, the continuing criminal enterprise.

The court, in imposing sentence on such person, shall order, in addition to any other sentence
imposed pursuant to this subchapter or subchapter II of this chapter, that the person forfeit to the
United States all property described in this subsection. In lieu of a fine otherwise authorized by
this part, a defendant who derives profits or other proceeds from an offense may be fined not
more than twice the gross profits or other proceeds.

(b) Meaning of term "property"

Property subject to criminal forfeiture under this section includes--

(1) real property, including things growing on, affixed to, and found in land; and

(2) tangible and intangible personal property, including rights, privileges, interests, claims, and
securities.

(c) Third party transfers

All right, title, and interest in property described in subsection (a) of this section vests in the
United States upon the commission of the act giving rise to forfeiture under this section. Any such
property that is subsequently transferred to a person other than the defendant may be the subject
of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States,
unless the transferee establishes in a hearing pursuant to subsection (n) of this section that he is a
bona fide purchaser for value of such property who at the time of purchase was reasonably
without cause to believe that the property was subject to forfeiture under this section.

(d) Rebuttable presumption

There is a rebuttable presumption at trial that any property of a person convicted of a felony
under this subchapter or subchapter II of this chapter is subject to forfeiture under this section if
the United States establishes by a preponderance of the evidence that--

(1) such property was acquired by such person during the period of the violation of this
subchapter or subchapter II of this chapter or within a reasonable time after such period; and

(2) there was no likely source for such property other than the violation of this subchapter or
subchapter II of this chapter.

(e) Protective orders

(1) Upon application of the United States, the court may enter a restraining order or injunction,
require the execution of a satisfactory performance bond, or take any other action to preserve the
availability of property described in subsection (a) of this section for forfeiture under this
section--


   
                                                                                       



    (A) upon the filing of an indictment or information charging a violation of this subchapter or
    subchapter II of this chapter for which criminal forfeiture may be ordered under this section
    and alleging that the property with respect to which the order is sought would, in the event of
    conviction, be subject to forfeiture under this section; or

    (B) prior to the filing of such an indictment or information, if, after notice to persons
    appearing to have an interest in the property and opportunity for a hearing, the court
    determines that--

        (i) there is a substantial probability that the United States will prevail on the issue of
        forfeiture and that failure to enter the order will result in the property being destroyed,
        removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture;
        and

        (ii) the need to preserve the availability of the property through the entry of the requested
        order outweighs the hardship on any party against whom the order is to be entered:

Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not
more than ninety days, unless extended by the court for good cause shown or unless an
indictment or information described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be entered upon application of the
United States without notice or opportunity for a hearing when an information or indictment has
not yet been filed with respect to the property, if the United States demonstrates that there is
probable cause to believe that the property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section and that provision of notice will
jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not
more than ten days after the date on which it is entered, unless extended for good cause shown or
unless the party against whom it is entered consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph shall be held at the earliest possible
time and prior to the expiration of the temporary order.

(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence
and information that would be inadmissible under the Federal Rules of Evidence.

(f) Warrant of seizure

The Government may request the issuance of a warrant authorizing the seizure of property subject
to forfeiture under this section in the same manner as provided for a search warrant. If the court
determines that there is probable cause to believe that the property to be seized would, in the
event of conviction, be subject to forfeiture and that an order under subsection (e) of this section
may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a
warrant authorizing the seizure of such property.

(g) Execution

Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney
General to seize all property ordered forfeited upon such terms and conditions as the court shall
deem proper. Following entry of an order declaring the property forfeited, the court may, upon
application of the United States, enter such appropriate restraining orders or injunctions, require
the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers,


   
                                                                                       



accountants, or trustees, or take any other action to protect the interest of the United States in the
property ordered forfeited. Any income accruing to or derived from property ordered forfeited
under this section may be used to offset ordinary and necessary expenses to the property which
are required by law, or which are necessary to protect the interests of the United States or third
parties.

(h) Disposition of property

Following the seizure of property ordered forfeited under this section, the Attorney General shall
direct the disposition of the property by sale or any other commercially feasible means, making
due provision for the rights of any innocent persons. Any property right or interest not exercisable
by, or transferable for value to, the United States shall expire and shall not revert to the defendant,
nor shall the defendant or any person acting in concert with him or on his behalf be eligible to
purchase forfeited property at any sale held by the United States. Upon application of a person,
other than the defendant or a person acting in concert with him or on his behalf, the court may
restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the
criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the
sale or disposition of the property will result in irreparable injury, harm, or loss to him.

(i) Authority of the Attorney General

With respect to property ordered forfeited under this section, the Attorney General is authorized
to--

(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of
a violation of this subchapter, or take any other action to protect the rights of innocent persons
which is in the interest of justice and which is not inconsistent with the provisions of this section;

(2) compromise claims arising under this section;

(3) award compensation to persons providing information resulting in a forfeiture under this
section;

(4) direct the disposition by the United States, in accordance with the provisions of section 881(e)
of this title, of all property ordered forfeited under this section by public sale or any other
commercially feasible means, making due provision for the rights of innocent persons; and

(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited
under this section pending its disposition.

(j) Applicability of civil forfeiture provisions

Except to the extent that they are inconsistent with the provisions of this section, the provisions of
section 881(d) of this title shall apply to a criminal forfeiture under this section.

(k) Bar on intervention

Except as provided in subsection (n) of this section, no party claiming an interest in property
subject to forfeiture under this section may--




   
                                                                                       



(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under
this section; or

(2) commence an action at law or equity against the United States concerning the validity of his
alleged interest in the property subsequent to the filing of an indictment or information alleging
that the property is subject to forfeiture under this section.

(l) Jurisdiction to enter orders

The district courts of the United States shall have jurisdiction to enter orders as provided in this
section without regard to the location of any property which may be subject to forfeiture under
this section or which has been ordered forfeited under this section.

(m) Depositions

In order to facilitate the identification and location of property declared forfeited and to facilitate
the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order
declaring property forfeited to the United States, the court may, upon application of the United
States, order that the testimony of any witness relating to the property forfeited be taken by
deposition and that any designated book, paper, document, record, recording, or other material
not privileged be produced at the same time and place, in the same manner as provided for the
taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure.

(n) Third party interests

(1) Following the entry of an order of forfeiture under this section, the United States shall publish
notice of the order and of its intent to dispose of the property in such manner as the Attorney
General may direct. The Government may also, to the extent practicable, provide direct written
notice to any person known to have alleged an interest in the property that is the subject of the
order of forfeiture as a substitute for published notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal interest in property which has been
ordered forfeited to the United States pursuant to this section may, within thirty days of the final
publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the
court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing
shall be held before the court alone, without a jury.

(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the
nature and extent of the petitioner's right, title, or interest in the property, the time and
circumstances of the petitioner's acquisition of the right, title, or interest in the property, any
additional facts supporting the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of
justice, be held within thirty days of the filing of the petition. The court may consolidate the
hearing on the petition with a hearing on any other petition filed by a person other than the
defendant under this subsection.

(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own
behalf, and cross-examine witnesses who appear at the hearing. The United States may present
evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and evidence presented at the


   
                                                                                        



hearing, the court shall consider the relevant portions of the record of the criminal case which
resulted in the order of forfeiture.

(6) If, after the hearing, the court determines that the petitioner has established by a
preponderance of the evidence that--

    (A) the petitioner has a legal right, title, or interest in the property, and such right, title, or
    interest renders the order of forfeiture invalid in whole or in part because the right, title, or
    interest was vested in the petitioner rather than the defendant or was superior to any right,
    title, or interest of the defendant at the time of the commission of the acts which gave rise to
    the forfeiture of the property under this section; or

    (B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the
    property and was at the time of purchase reasonably without cause to believe that the property
    was subject to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with its determination.

(7) Following the court's disposition of all petitions filed under this subsection, or if no such
petitions are filed following the expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property that is the subject of the order of
forfeiture and may warrant good title to any subsequent purchaser or transferee.

(o) Construction

The provisions of this section shall be liberally construed to effectuate its remedial purposes.

(p) Forfeiture of substitute property

(1) In general

Paragraph (2) of this subsection shall apply, if any property described in subsection (a), as a result
of any act or omission of the defendant--

(A) cannot be located upon the exercise of due diligence;

(B) has been transferred or sold to, or deposited with, a third party;

(C) has been placed beyond the jurisdiction of the court;

(D) has been substantially diminished in value; or

(E) has been commingled with other property which cannot be divided without difficulty.

(2) Substitute property

In any case described in any of subparagraphs (A) through (E) of paragraph (1), the court shall
order the forfeiture of any other property of the defendant, up to the value of any property
described in subparagraphs (A) through (E) of paragraph (1), as applicable.

(3) Return of property to jurisdiction


   
                                                                                     



In the case of property described in paragraph (1)(C), the court may, in addition to any other
action authorized by this subsection, order the defendant to return the property to the jurisdiction
of the court so that the property may be seized and forfeited.

(q) Restitution for cleanup of clandestine laboratory sites

The court, when sentencing a defendant convicted of an offense under this subchapter or
subchapter II of this chapter involving the manufacture, possession, or the possession with intent
to distribute, of amphetamine or methamphetamine, shall--

(1) order restitution as provided in sections 3612 and 3664 of Title 18;

(2) order the defendant to reimburse the United States, the State or local government concerned,
or both the United States and the State or local government concerned for the costs incurred by
the United States or the State or local government concerned, as the case may be, for the cleanup
associated with the manufacture of amphetamine or methamphetamine by the defendant, or on
premises or in property that the defendant owns, resides, or does business in; and

(3) order restitution to any person injured as a result of the offense as provided in section 3663A
of Title 18.

                        
(a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or
imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity
for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the
United States, irrespective of any provision of State law--

    (1) any interest the person has acquired or maintained in violation of section 1962;

    (2) any--

        (A) interest in;

        (B) security of;

        (C) claim against; or

        (D) property or contractual right of any kind affording a source of influence over; any
        enterprise which the person has established, operated, controlled, conducted, or
        participated in the conduct of, in violation of section 1962; and

    (3) any property constituting, or derived from, any proceeds which the person obtained,
    directly or indirectly, from racketeering activity or unlawful debt collection in violation of
    section 1962.

The court, in imposing sentence on such person shall order, in addition to any other sentence
imposed pursuant to this section, that the person forfeit to the United States all property described
in this subsection. In lieu of a fine otherwise authorized by this section, a defendant who derives




   
                                                                                      



profits or other proceeds from an offense may be fined not more than twice the gross profits or
other proceeds.

(b) Property subject to criminal forfeiture under this section includes--

    (1) real property, including things growing on, affixed to, and found in land; and

    (2) tangible and intangible personal property, including rights, privileges, interests, claims,
    and securities.

(c) All right, title, and interest in property described in subsection (a) vests in the United States
upon the commission of the act giving rise to forfeiture under this section. Any such property that
is subsequently transferred to a person other than the defendant may be the subject of a special
verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the
transferee establishes in a hearing pursuant to subsection (l) that he is a bona fide purchaser for
value of such property who at the time of purchase was reasonably without cause to believe that
the property was subject to forfeiture under this section.

(d)(1) Upon application of the United States, the court may enter a restraining order or injunction,
require the execution of a satisfactory performance bond, or take any other action to preserve the
availability of property described in subsection (a) for forfeiture under this section--

    (A) upon the filing of an indictment or information charging a violation of section 1962 of
    this chapter and alleging that the property with respect to which the order is sought would, in
    the event of conviction, be subject to forfeiture under this section; or

    (B) prior to the filing of such an indictment or information, if, after notice to persons
    appearing to have an interest in the property and opportunity for a hearing, the court
    determines that--

        (i) there is a substantial probability that the United States will prevail on the issue of
        forfeiture and that failure to enter the order will result in the property being destroyed,
        removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture;
        and

        (ii) the need to preserve the availability of the property through the entry of the requested
        order outweighs the hardship on any party against whom the order is to be entered:

Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not
more than ninety days, unless extended by the court for good cause shown or unless an
indictment or information described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be entered upon application of the
United States without notice or opportunity for a hearing when an information or indictment has
not yet been filed with respect to the property, if the United States demonstrates that there is
probable cause to believe that the property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section and that provision of notice will
jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not
more than ten days after the date on which it is entered, unless extended for good cause shown or
unless the party against whom it is entered consents to an extension for a longer period. A hearing



   
                                                                                       



requested concerning an order entered under this paragraph shall be held at the earliest possible
time, and prior to the expiration of the temporary order.

(3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence
and information that would be inadmissible under the Federal Rules of Evidence.

(e) Upon conviction of a person under this section, the court shall enter a judgment of forfeiture
of the property to the United States and shall also authorize the Attorney General to seize all
property ordered forfeited upon such terms and conditions as the court shall deem proper.
Following the entry of an order declaring the property forfeited, the court may, upon application
of the United States, enter such appropriate restraining orders or injunctions, require the
execution of satisfactory performance bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect the interest of the United States in the
property ordered forfeited. Any income accruing to, or derived from, an enterprise or an interest
in an enterprise which has been ordered forfeited under this section may be used to offset
ordinary and necessary expenses to the enterprise which are required by law, or which are
necessary to protect the interests of the United States or third parties.

(f) Following the seizure of property ordered forfeited under this section, the Attorney General
shall direct the disposition of the property by sale or any other commercially feasible means,
making due provision for the rights of any innocent persons. Any property right or interest not
exercisable by, or transferable for value to, the United States shall expire and shall not revert to
the defendant, nor shall the defendant or any person acting in concert with or on behalf of the
defendant be eligible to purchase forfeited property at any sale held by the United States. Upon
application of a person, other than the defendant or a person acting in concert with or on behalf of
the defendant, the court may restrain or stay the sale or disposition of the property pending the
conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant
demonstrates that proceeding with the sale or disposition of the property will result in irreparable
injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b), the proceeds of any sale or other
disposition of property forfeited under this section and any moneys forfeited shall be used to pay
all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and
custody of the property pending its disposition, advertising and court costs. The Attorney General
shall deposit in the Treasury any amounts of such proceeds or moneys remaining after the
payment of such expenses.

(g) With respect to property ordered forfeited under this section, the Attorney General is
authorized to--

(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of
a violation of this chapter, or take any other action to protect the rights of innocent persons which
is in the interest of justice and which is not inconsistent with the provisions of this chapter;

(2) compromise claims arising under this section;

(3) award compensation to persons providing information resulting in a forfeiture under this
section;

(4) direct the disposition by the United States of all property ordered forfeited under this section
by public sale or any other commercially feasible means, making due provision for the rights of
innocent persons; and



   
                                                                                        



(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited
under this section pending its disposition.

(h) The Attorney General may promulgate regulations with respect to--

(1) making reasonable efforts to provide notice to persons who may have an interest in property
ordered forfeited under this section;

(2) granting petitions for remission or mitigation of forfeiture;

(3) the restitution of property to victims of an offense petitioning for remission or mitigation of
forfeiture under this chapter;

(4) the disposition by the United States of forfeited property by public sale or other commercially
feasible means;

(5) the maintenance and safekeeping of any property forfeited under this section pending its
disposition; and

(6) the compromise of claims arising under this chapter.

Pending the promulgation of such regulations, all provisions of law relating to the disposition of
property, or the proceeds from the sale thereof, or the remission or mitigation of forfeitures for
violation of the customs laws, and the compromise of claims and the award of compensation to
informers in respect of such forfeitures shall apply to forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as applicable and not inconsistent with the
provisions hereof. Such duties as are imposed upon the Customs Service or any person with
respect to the disposition of property under the customs law shall be performed under this chapter
by the Attorney General.

(i) Except as provided in subsection (l), no party claiming an interest in property subject to
forfeiture under this section may--

(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under
this section; or

(2) commence an action at law or equity against the United States concerning the validity of his
alleged interest in the property subsequent to the filing of an indictment or information alleging
that the property is subject to forfeiture under this section.

(j) The district courts of the United States shall have jurisdiction to enter orders as provided in
this section without regard to the location of any property which may be subject to forfeiture
under this section or which has been ordered forfeited under this section.

(k) In order to facilitate the identification or location of property declared forfeited and to
facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an
order declaring property forfeited to the United States the court may, upon application of the
United States, order that the testimony of any witness relating to the property forfeited be taken
by deposition and that any designated book, paper, document, record, recording, or other material
not privileged be produced at the same time and place, in the same manner as provided for the
taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure.


   
                                                                                           



(l)(1) Following the entry of an order of forfeiture under this section, the United States shall
publish notice of the order and of its intent to dispose of the property in such manner as the
Attorney General may direct. The Government may also, to the extent practicable, provide direct
written notice to any person known to have alleged an interest in the property that is the subject of
the order of forfeiture as a substitute for published notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal interest in property which has been
ordered forfeited to the United States pursuant to this section may, within thirty days of the final
publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the
court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing
shall be held before the court alone, without a jury.

(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the
nature and extent of the petitioner's right, title, or interest in the property, the time and
circumstances of the petitioner's acquisition of the right, title, or interest in the property, any
additional facts supporting the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of
justice, be held within thirty days of the filing of the petition. The court may consolidate the
hearing on the petition with a hearing on any other petition filed by a person other than the
defendant under this subsection.

(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own
behalf, and cross-examine witnesses who appear at the hearing. The United States may present
evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and evidence presented at the
hearing, the court shall consider the relevant portions of the record of the criminal case which
resulted in the order of forfeiture.

(6) If, after the hearing, the court determines that the petitioner has established by a
preponderance of the evidence that--

(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest
renders the order of forfeiture invalid in whole or in part because the right, title, or interest was
vested in the petitioner rather than the defendant or was superior to any right, title, or interest of
the defendant at the time of the commission of the acts which gave rise to the forfeiture of the
property under this section; or

(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property
and was at the time of purchase reasonably without cause to believe that the property was subject
to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with its determination.

(7) Following the court's disposition of all petitions filed under this subsection, or if no such
petitions are filed following the expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property that is the subject of the order of
forfeiture and may warrant good title to any subsequent purchaser or transferee.

(m) If any of the property described in subsection (a), as a result of any act or omission of the
defendant--


   
                                                                                      



(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third party;

(3) has been placed beyond the jurisdiction of the court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be divided without difficulty;

the court shall order the forfeiture of any other property of the defendant up to the value of any
property described in paragraphs (1) through (5).


                        
(a) Notice to the Defendant. A court must not enter a judgment of forfeiture in a criminal
proceeding unless the indictment or information contains notice to the defendant that the
government will seek the forfeiture of property as part of any sentence in accordance with the
applicable statute.

(b) Entering a Preliminary Order of Forfeiture.

(1) In General. As soon as practicable after a verdict or finding of guilty, or after a plea of guilty
or nolo contendere is accepted, on any count in an indictment or information regarding which
criminal forfeiture is sought, the court must determine what property is subject to forfeiture under
the applicable statute. If the government seeks forfeiture of specific property, the court must
determine whether the government has established the requisite nexus between the property and
the offense. If the government seeks a personal money judgment, the court must determine the
amount of money that the defendant will be ordered to pay. The court's determination may be
based on evidence already in the record, including any written plea agreement or, if the forfeiture
is contested, on evidence or information presented by the parties at a hearing after the verdict or
finding of guilt.

(2) Preliminary Order. If the court finds that property is subject to forfeiture, it must promptly
enter a preliminary order of forfeiture setting forth the amount of any money judgment or
directing the forfeiture of specific property without regard to any third party's interest in all or
part of it. Determining whether a third party has such an interest must be deferred until any third
party files a claim in an ancillary proceeding under Rule 32.2(c).

(3) Seizing Property. The entry of a preliminary order of forfeiture authorizes the Attorney
General (or a designee) to seize the specific property subject to forfeiture; to conduct any
discovery the court considers proper in identifying, locating, or disposing of the property; and to
commence proceedings that comply with any statutes governing third-party rights. At
sentencing--or at any time before sentencing if the defendant consents--the order of forfeiture
becomes final as to the defendant and must be made a part of the sentence and be included in the
judgment. The court may include in the order of forfeiture conditions reasonably necessary to
preserve the property's value pending any appeal.




   
                                                                                         



(4) Jury Determination. Upon a party's request in a case in which a jury returns a verdict of guilty,
the jury must determine whether the government has established the requisite nexus between the
property and the offense committed by the defendant.

(c) Ancillary Proceeding; Entering a Final Order of Forfeiture.

(1) In General. If, as prescribed by statute, a third party files a petition asserting an interest in the
property to be forfeited, the court must conduct an ancillary proceeding, but no ancillary
proceeding is required to the extent that the forfeiture consists of a money judgment.

(A) In the ancillary proceeding, the court may, on motion, dismiss the petition for lack of
standing, for failure to state a claim, or for any other lawful reason. For purposes of the motion,
the facts set forth in the petition are assumed to be true.

(B) After disposing of any motion filed under Rule 32.2(c)(1)(A) and before conducting a hearing
on the petition, the court may permit the parties to conduct discovery in accordance with the
Federal Rules of Civil Procedure if the court determines that discovery is necessary or desirable
to resolve factual issues. When discovery ends, a party may move for summary judgment under
Federal Rule of Civil Procedure 56.

(2) Entering a Final Order. When the ancillary proceeding ends, the court must enter a final order
of forfeiture by amending the preliminary order as necessary to account for any third-party rights.
If no third party files a timely petition, the preliminary order becomes the final order of forfeiture
if the court finds that the defendant (or any combination of defendants convicted in the case) had
an interest in the property that is forfeitable under the applicable statute. The defendant may not
object to the entry of the final order on the ground that the property belongs, in whole or in part,
to a codefendant or third party; nor may a third party object to the final order on the ground that
the third party had an interest in the property.

(3) Multiple Petitions. If multiple third-party petitions are filed in the same case, an order
dismissing or granting one petition is not appealable until rulings are made on all the petitions,
unless the court determines that there is no just reason for delay.

(4) Ancillary Proceeding Not Part of Sentencing. An ancillary proceeding is not part of
sentencing.

(d) Stay Pending Appeal. If a defendant appeals from a conviction or an order of forfeiture, the
court may stay the order of forfeiture on terms appropriate to ensure that the property remains
available pending appellate review. A stay does not delay the ancillary proceeding or the
determination of a third party's rights or interests. If the court rules in favor of any third party
while an appeal is pending, the court may amend the order of forfeiture but must not transfer any
property interest to a third party until the decision on appeal becomes final, unless the defendant
consents in writing or on the record.

(e) Subsequently Located Property; Substitute Property.

(1) In General. On the government's motion, the court may at any time enter an order of forfeiture
or amend an existing order of forfeiture to include property that:

(A) is subject to forfeiture under an existing order of forfeiture but was located and identified
after that order was entered; or


   
                                                                                          



(B) is substitute property that qualifies for forfeiture under an applicable statute.

(2) Procedure. If the government shows that the property is subject to forfeiture under Rule
32.2(e)(1), the court must:

(A) enter an order forfeiting that property, or amend an existing preliminary or final order to
include it; and

(B) if a third party files a petition claiming an interest in the property, conduct an ancillary
proceeding under Rule 32.2(c).

(3) Jury Trial Limited. There is no right to a jury trial under Rule 32.2(e).

                                                      
(c)(1) There is established in the United States Treasury a special fund to be known as the
Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the
"Fund") which shall be available to the Attorney General without fiscal year limitation for the
following law enforcement purposes--

    (A) the payment, at the discretion of the Attorney General, of any expenses necessary to
    seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under
    seizure, detention, or forfeited pursuant to any law enforced or administered by the
    Department of Justice, or of any other necessary expense incident to the seizure, detention,
    forfeiture, or disposal of such property including--

        (i) payments for--

             (I) contract services;

             (II) the employment of outside contractors to operate and manage properties or
             provide other specialized services necessary to dispose of such properties in an effort
             to maximize the return from such properties; and

             (III) reimbursement of any Federal, State, or local agency for any expenditures made
             to perform the functions described in this clause;

        (ii) payments to reimburse any Federal agency participating in the Fund for investigative
        costs leading to seizures;

        (iii) payments for contracting for the services of experts and consultants needed by the
        Department of Justice to assist in carrying out duties related to asset seizure and
        forfeiture; and

        (iv) payments made pursuant to guidelines promulgated by the Attorney General if such
        payments are necessary and directly related to seizure and forfeiture program expenses
        for--

             (I) the purchase or lease of automatic data processing systems (not less than a
             majority of which use will be related to such program);



   
                                                                                    


        (II) training;

        (III) printing;

        (IV) the storage, protection, and destruction of controlled substances; and

        (V) contracting for services directly related to the identification of forfeitable assets,
        and the processing of and accounting for forfeitures;

(B) the payment of awards for information or assistance directly relating to violations of the
criminal drug laws of the United States or of sections 1956 and 1957 of title 18, sections 5313
and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986;

(C) at the discretion of the Attorney General, the payment of awards for information or
assistance leading to a civil or criminal forfeiture involving any Federal agency participating
in the Fund;

(D) the compromise and payment of valid liens and mortgages against property that has been
forfeited pursuant to any law enforced or administered by the Department of Justice, subject
to the discretion of the Attorney General to determine the validity of any such lien or
mortgage and the amount of payment to be made, and the employment of attorneys and other
personnel skilled in State real estate law as necessary;

(E)(i) for disbursements authorized in connection with remission or mitigation procedures
relating to property forfeited under any law enforced or administered by the Department of
Justice; and

    (ii) for payment for--

        (I) costs incurred by or on behalf of the Department of Justice in connection with the
        removal, for purposes of Federal forfeiture and disposition, of any hazardous
        substance or pollutant or contaminant associated with the illegal manufacture of
        amphetamine or methamphetamine; and

        (II) costs incurred by or on behalf of a State or local government in connection with
        such removal in any case in which such State or local government has assisted in a
        Federal prosecution relating to amphetamine or methamphetamine, to the extent such
        costs exceed equitable sharing payments made to such State or local government in
        such case;

(F)(i) for equipping for law enforcement functions of any Government-owned or leased
vessel, vehicle, or aircraft available for official use by any Federal agency participating in the
Fund;

(ii) for equipping any vessel, vehicle, or aircraft available for official use by a State or local
law enforcement agency to enable the vessel, vehicle, or aircraft to assist law enforcement
functions if the vessel, vehicle, or aircraft will be used in a joint law enforcement operation
with a Federal agency participating in the Fund; and




  
                                                                                      


    (iii) payments for other equipment directly related to seizure or forfeiture, including
    laboratory equipment, protective equipment, communications equipment, and the operation
    and maintenance costs of such equipment;

    (G) for purchase of evidence of any violation of the Controlled Substances Act, the
    Controlled Substances Import and Export Act, chapter 96 of title 18, or sections 1956 and
    1957 of title 18;

    (H) the payment of State and local property taxes on forfeited real property that accrued
    between the date of the violation giving rise to the forfeiture and the date of the forfeiture
    order; and

    (I) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of
    State or local law enforcement officers that are incurred in a joint law enforcement operation
    with a Federal law enforcement agency participating in the Fund.

Amounts for paying the expenses authorized by subparagraphs (B), (F), and (G) shall be specified
in appropriations Acts and may be used under authorities available to the organization receiving
the funds. Amounts for other authorized expenditures and payments from the Fund, including
equitable sharing payments, are not required to be specified in appropriations acts. The Attorney
General may exempt the procurement of contract services under subparagraph (A) under the Fund
from section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following), and
other provisions of law as may be necessary to maintain the security and confidentiality of related
criminal investigations.

(2) Any award paid from the Fund, as provided in paragraph (1)(B) or (C), shall be paid at the
discretion of the Attorney General or his delegate, under existing departmental delegation policies
for the payment of awards, except that the authority to pay an award of $250,000 or more shall
not be delegated to any person other than the Deputy Attorney General, the Associate Attorney
General, the Director of the Federal Bureau of Investigation, or the Administrator of the Drug
Enforcement Administration. Any award pursuant to paragraph (1)(B) shall not exceed $500,000.
Any award pursuant to paragraph (1)(C) shall not exceed the lesser of $500,000 or one-fourth of
the amount realized by the United States from the property forfeited, without both the personal
approval of the Attorney General and written notice within 30 days thereof to the Chairmen and
ranking minority members of the Committees on Appropriations and the Judiciary of the Senate
and of the House of Representatives.

(3) Any amount under subparagraph (G) of paragraph (1) shall be paid at the discretion of the
Attorney General or his delegate, except that the authority to pay $100,000 or more may be
delegated only to the respective head of the agency involved.

(4) There shall be deposited in the Fund--

    (A) all amounts from the forfeiture of property under any law enforced or administered by the
    Department of Justice, except all proceeds of forfeitures available for use by the Secretary of
    the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered
    Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16
    U.S.C. 3375(d)), or the Postmaster General of the United States pursuant to 39 U.S.C.
    2003(b)(7);



   
                                                                                      


    (B) all amounts representing the Federal equitable share from the forfeiture of property under
    any Federal, State, local or foreign law, for any Federal agency participating in the Fund;

    (C) all amounts transferred by the Secretary of the Treasury pursuant to section
    9703(g)(4)(A)(ii) of title 31; and

    (D) all amounts collected--

        (i) by the United States pursuant to a reimbursement order under paragraph (2) of section
        413(q) of the Controlled Substances Act (21 U.S.C. 853(q)); and

        (ii) pursuant to a restitution order under paragraph (1) or (3) of section 413(q) of the
        Controlled Substances Act [21 U.S.C. 853(q)] for injuries to the United States.

(5) Amounts in the Fund, and in any holding accounts associated with the Fund, that are not
currently needed for the purpose of this section shall be kept on deposit or invested in obligations
of, or guaranteed by, the United States and all earnings on such investments shall be deposited in
the Fund.

(6)(A) The Attorney General shall transmit to Congress and make available to the public, not later
than 4 months after the end of each fiscal year, detailed reports for the prior fiscal year as follows:

    (i) A report on total deposits to the Fund by State of deposit.

    (ii) A report on total expenses paid from the Fund, by category of expense and recipient
    agency, including equitable sharing payments.

    (iii) A report describing the number, value, and types of properties placed into official use by
    Federal agencies, by recipient agency.

    (iv) A report describing the number, value, and types of properties transferred to State and
    local law enforcement agencies, by recipient agency.

    (v) A report, by type of disposition, describing the number, value, and types of forfeited
    property disposed of during the year.

    (vi) A report on the year-end inventory of property under seizure, but not yet forfeited, that
    reflects the type of property, its estimated value, and the estimated value of liens and
    mortgages outstanding on the property.

    (vii) A report listing each property in the year-end inventory, not yet forfeited, with an
    outstanding equity of not less than $1,000,000.

    (B) The Attorney General shall transmit to Congress and make available to the public, not
    later than 2 months after final issuance, the audited financial statements for each fiscal year
    for the Fund.

    (C) Reports under subparagraph (A) shall include information with respect to all forfeitures
    under any law enforced or administered by the Department of Justice.




   
                                                                                     


    (D) The transmittal and publication requirements in subparagraphs (A) and (B) may be
    satisfied by--

        (i) posting the reports on an Internet website maintained by the Department of Justice for
        a period of not less than 2 years; and

        (ii) notifying the Committees on the Judiciary of the House of Representatives and the
        Senate when the reports are available electronically.

(7) The provisions of this subsection relating to deposits in the Fund shall apply to all property in
the custody of the Department of Justice on or after the effective date of the Comprehensive
Forfeiture Act of 1983.

(8)(A) There are authorized to be appropriated such sums as necessary for the purposes described
in subparagraphs (B), (F), and (G) of paragraph (1).

(B) Subject to subparagraphs (C) and (D), at the end of each of fiscal years 1994, 1995, and 1996,
the Attorney General shall transfer from the Fund not more than $100,000,000 to the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988.

(C) Transfers under subparagraph (B) may be made only from the excess unobligated balance and
may not exceed one-half of the excess unobligated balance for any year. In addition, transfers
under subparagraph (B) may be made only to the extent that the sum of the transfers in a fiscal
year and one-half of the unobligated balance at the beginning of that fiscal year for the Special
Forfeiture Fund does not exceed $100,000,000.

(D) For the purpose of determining amounts available for distribution at year end for any fiscal
year, "excess unobligated balance" means the unobligated balance of the Fund generated by that
fiscal year's operations, less any amounts that are required to be retained in the Fund to ensure the
availability of amounts in the subsequent fiscal year for purposes authorized under paragraph (1).

(E) Subject to the notification procedures contained in section 605 of P.L. 103-121, and after
satisfying the transfer requirement in subparagraph (B) of this paragraph, any excess unobligated
balance remaining in the Fund on September 30, 1997 and thereafter shall be available to the
Attorney General, without fiscal year limitation, for any Federal law enforcement,
litigative/prosecutive, and correctional activities, or any other authorized purpose of the
Department of Justice. Any amounts provided pursuant to this subparagraph may be used under
authorities available to the organization receiving the funds.

(9)(A) Following the completion of procedures for the forfeiture of property pursuant to any law
enforced or administered by the Department, the Attorney General is authorized, in her discretion,
to warrant clear title to any subsequent purchaser or transferee of such property.

(B) For fiscal years 2002 and 2003, the Attorney General is authorized to transfer, under such
terms and conditions as the Attorney General shall specify, real or personal property of limited or
marginal value, to a State or local government agency, or its designated contractor or transferee,
for use to support drug abuse treatment, drug and crime prevention and education, housing, job
skills, and other community-based public health and safety programs. Each such transfer shall be
subject to satisfaction by the recipient involved of any outstanding lien against the property
transferred, but no such transfer shall create or confer any private right of action in any person
against the United States.


   
                                                                                      


(10) The Attorney General shall transfer from the Fund to the Secretary of the Treasury for
deposit in the Department of the Treasury Forfeiture Fund amounts appropriate to reflect the
degree of participation of the Department of the Treasury law enforcement organizations
(described in section 9703(p) of title 31) in the law enforcement effort resulting in the forfeiture
pursuant to laws enforced or administered by the Department of Justice.

(11) For purposes of this subsection and notwithstanding section 9703 of title 31 or any other law,
property is forfeited pursuant to a law enforced or administered by the Department of Justice if it
is forfeited pursuant to--

(A) a judicial forfeiture proceeding when the underlying seizure was made by an officer of a
Federal law enforcement agency participating in the Department of Justice Assets Forfeiture Fund
or the property was maintained by the United States Marshals Service; or

(B) a civil administrative forfeiture proceeding conducted by a Department of Justice law
enforcement component or pursuant to the authority of the Secretary of Commerce.

[(12) Redesignated (11)]


                        ¢  
(a) In general.--There is established in the Treasury of the United States a fund to be known as
the "Department of the Treasury Forfeiture Fund" (referred to in this section as the "Fund"). The
Fund shall be available to the Secretary, without fiscal year limitation, with respect to seizures
and forfeitures made pursuant to any law (other than section 7301 or 7302 of the Internal
Revenue Code of 1986) enforced or administered by the Department of the Treasury or the
United States Coast Guard for the following law enforcement purposes:

(1)(A) Payment of all proper expenses of seizure (including investigative costs incurred by a
Department of the Treasury law enforcement organization leading to seizure) or the proceedings
of forfeiture and sale, including the expenses of detention, inventory, security, maintenance,
advertisement, or disposal of the property, and if condemned by a court and a bond for such costs
was not given, the costs as taxed by the court.

(B) Payment for--

    (i) contract services;

    (ii) the employment of outside contractors to operate and manage properties or to provide
    other specialized services necessary to dispose of such properties in an effort to maximize the
    return from such properties; and

    (iii) reimbursing any Federal, State, or local agency for any expenditures made to perform the
    functions described in this subparagraph.

(C) Awards of compensation to informers under section 619 of the Tariff Act of 1930 (19 U.S.C.
1619).

(D) Satisfaction of--




   
                                                                                      


    (i) liens for freight, charges, and contributions in general average, notice of which has been
    filed with the appropriate Customs officer according to law; and

    (ii) subject to the discretion of the Secretary, other valid liens and mortgages against property
    that has been forfeited pursuant to any law enforced or administered by a Department of the
    Treasury law enforcement organization. To determine the validity of any such lien or
    mortgage, the amount of payment to be made, and to carry out the functions described in this
    subparagraph, the Secretary may employ and compensate attorneys and other personnel
    skilled in State real estate law.

(E) Payment of amounts authorized by law with respect to remission and mitigation.

(F) Payment of claims of parties in interest to property disposed of under section 612(b) of the
Tariff Act of 1930 (19 U.S.C. 1612(b)), in the amounts applicable to such claims at the time of
seizure.

(G) Equitable sharing payments made to other Federal agencies, State and local law enforcement
agencies, and foreign countries pursuant to section 616(c) of the Tariff Act of 1930 (19 U.S.C.
1616a(c)), section 981 of title 18, or subsection (h) of this section, and all costs related thereto.

(H) Payment for services of experts and consultants needed by a Department of the Treasury law
enforcement organization to carry out the organization's duties relating to seizure and forfeiture.

(I) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State
or local law enforcement officers that are incurred in joint law enforcement operations with a
Department of the Treasury law enforcement organization;

(J) payment made pursuant to guidelines promulgated by the Secretary, if such payment is
necessary and directly related to seizure and forfeiture program expenses for--

    (i) the purchase or lease of automatic data processing systems (not less than a majority of
    which use will be related to such program);

    (ii) training;

    (iii) printing; and

    (iv) contracting for services directly related to--

        (I) the identification of forfeitable assets;

        (II) the processing of and accounting for forfeitures; and

        (III) the storage, maintenance, protection, and destruction of controlled substances.

(2) At the discretion of the Secretary--

(A) payment of awards for information or assistance leading to a civil or criminal forfeiture
involving any Department of the Treasury law enforcement organization participating in the
Fund;



   
                                                                                      


(B) purchases of evidence or information by--

    (i) a Department of the Treasury law enforcement organization with respect to--

        (I) a violation of section 1956 or 1957 of title 18 (relating to money laundering); or

        (II) a law, the violation of which may subject property to forfeiture under section 981 or
        982 of title 18;

    (ii) the United States Customs Service with respect to drug smuggling or a violation of
    section 542 or 545 of title 18 (relating to fraudulent customs invoices or smuggling);

    (iii) the United States Secret Service with respect to a violation of--

        (I) section 1028, 1029, or 1030 or title 18;

        (II) any law of the United States relating to coins, obligations, or securities of the United
        States or of a foreign government; or

        (III) any law of the United States which the United States Secret Service is authorized to
        enforce relating to fraud or other criminal or unlawful activity in or against any federally
        insured financial institution, the Resolution Trust Corporation, or the Federal Deposit
        Insurance Corporation; and

    (iv) the United States Customs Service or the Internal Revenue Service with respect to a
    violation of chapter 53 of this title (relating to the Bank Secrecy Act).

(C) payment of costs for publicizing awards available under section 619 of the Tariff Act of 1930
(19 U.S.C. 1619);

(D) payment for equipment for any vessel, vehicle, or aircraft available for official use by a
Department of the Treasury law enforcement organization to enable the vessel, vehicle, or aircraft
to assist in law enforcement functions, and for other equipment directly related to seizure or
forfeiture, including laboratory equipment, protective equipment, communications equipment,
and the operation and maintenance costs of such equipment;

(E) the payment of claims against employees of the Customs Service settled by the Secretary
under section 630 of the Tariff Act of 1930;

(F) payment for equipment for any vessel, vehicle, or aircraft available for official use by a State
or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law
enforcement functions if the vessel, vehicle, or aircraft will be used in joint law enforcement
operations with a Department of the Treasury law enforcement organization;

(G) reimbursement of private persons for expenses incurred by such persons in cooperating with a
Department of the Treasury law enforcement organization in investigations and undercover law
enforcement operations;

(H) payment for training foreign law enforcement personnel with respect to seizure or forfeiture
activities of the Department of the Treasury; and



   
                                                                                      


(b) Limitations

(1) Any payment made under subparagraph (D) or (E) of subsection (a)(1) with respect to a
seizure or a forfeiture of property shall not exceed the value of the property at the time of the
seizure.

(2) Any payment made under subsection (a)(1)(G) with respect to a seizure or forfeiture of
property shall not exceed the value of the property at the time of disposition.

(3) The Secretary may exempt the procurement of contract services under the Fund from section
3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), and other provisions of law as
may be necessary to maintain the security and confidentiality of related criminal investigations.

(4) The Secretary shall assure that any equitable sharing payment made to a State or local law
enforcement agency pursuant to subsection (a)(1)(G) and any property transferred to a State or
local law enforcement agency pursuant to subsection (h)--

    (A) has a value that bears a reasonable relationship to the degree of participation of the State
    or local agency in the law enforcement effort resulting in the forfeiture, taking into account
    the total value of all property forfeited and the total law enforcement effort with respect to the
    violation of law on which the forfeiture is based; and

    (B) will serve to encourage further cooperation between the recipient State or local agency
    and Federal law enforcement agencies.

(5) Amounts transferred by the Attorney General pursuant to section 524(c)(1) of title 28, or by
the Postmaster General pursuant to section 2003 of title 39, and deposited into the Fund pursuant
to subsection (d), shall be available for Federal law enforcement related purposes of the
Department of the Treasury law enforcement organizations.

(c) Funds available to United States Coast Guard

(1) The Secretary shall make available to the United States Coast Guard, from funds appropriated
under subsection (g)(2) in excess of $10,000,000 for a fiscal year, an amount equal to the net
proceeds in the Fund derived from seizures by the Coast Guard.

(2) Funds made available under this subsection may be used to--

    (A) pay for equipment for any vessel, vehicle, or aircraft available for official use by the
    United States Coast Guard to enable the vessel, vehicle, or aircraft to assist in law
    enforcement functions;

    (B) pay for equipment for any vessel, vehicle, equipment, or aircraft available for official use
    by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in
    law enforcement functions if the vessel, vehicle, or aircraft will be used in joint law
    enforcement operations with the United States Coast Guard;

    (C) pay for overtime salaries, travel, fuel, training, equipment, and other similar costs of State
    and local law enforcement officers that are incurred in joint law enforcement operations with
    the United States Coast Guard;


   
                                                                                      


    (D) pay for expenses incurred in bringing vessels into compliance with applicable
    environmental laws prior to disposal by sinking.

(d) Deposits and credits

(1) With respect to fiscal year 1993, there shall be deposited into or credited to the Fund--

    (A) all currency forfeited during fiscal year 1993, and all proceeds from forfeitures during
    fiscal year 1993, under any law enforced or administered by the United States Customs
    Service or the United States Coast Guard;

    (B) all income from investments made under subsection (e); and

    (C) all amounts representing the equitable share of the United States Customs Service or the
    United States Coast Guard from the forfeiture of property under any Federal, State, local, or
    foreign law.

(2) With respect to fiscal years beginning after fiscal year 1993, there shall be deposited into or
credited to the Fund--

    (A) all currency forfeited after fiscal year 1993, and all proceeds from forfeitures after fiscal
    year 1993, under any law (other than sections 7301 and 7302 of the Internal Revenue Code of
    1986) enforced or administered by a Department of the Treasury law enforcement
    organization or the United States Coast Guard;

    (B) all income from investments made under subsection (e); and

    (C) all amounts representing the equitable share of a Department of the Treasury law
    enforcement organization or the United States Coast Guard from the forfeiture of property
    under any Federal, State, local, or foreign law.

(e) Investments.--Amounts in the Fund, and in any holding accounts associated with the Fund,
which are not currently needed for the purposes of this section may be kept on deposit or invested
in obligations of, or guaranteed by, the United States and all earnings on such investments shall
be deposited in the Fund.

(f) Reports to Congress.--The Secretary shall transmit to the Congress, not later than February 1
of each year--

(1) a report on--

    (A) the estimated total value of property forfeited with respect to which funds were not
    deposited in the Fund during the preceding fiscal year--

        (i) under any law enforced or administered by the United States Customs Service or the
        United States Coast Guard, in the case of fiscal year 1993; and

        (ii) under any law enforced or administered by the Department of the Treasury law
        enforcement organizations or the United States Coast Guard, in the case of fiscal years
        beginning after 1993; and



   
                                                                                     


    (B) the estimated total value of all such property transferred to any State or local law
    enforcement agency; and

(2) a report on--

    (A) the balance of the Fund at the beginning of the preceding fiscal year;

    (B) liens and mortgages paid and the amount of money shared with Federal, State, local, and
    foreign law enforcement agencies during the preceding fiscal year;

    (C) the net amount realized from the operations of the Fund during the preceding fiscal year,
    the amount of seized cash being held as evidence, and the amount of money that has been
    carried over into the current fiscal year;

    (D) any defendant's property, not forfeited at the end of the preceding fiscal year, if the equity
    in such property is valued at $1,000,000 or more;

    (E) the total dollar value of uncontested seizures of monetary instruments having a value of
    over $100,000 which, or the proceeds of which, have not been deposited into the Fund
    pursuant to subsection (d) within 120 days after seizure, as of the end of the preceding fiscal
    year;

    (F) the balance of the Fund at the end of the preceding fiscal year;

    (G) the net amount, if any, of the excess unobligated amounts remaining in the Fund at the
    end of the preceding fiscal year and available to the Secretary for Federal law enforcement
    related purposes;

    (H) a complete set of audited financial statements (including a balance sheet, income
    statement, and cash flow analysis) prepared in a manner consistent with the requirements of
    the Chief Financial Officers Act of 1990 (P.L. 101-576); and

    (I) an analysis of income and expenses showing the revenue received or lost--

        (i) by property category (such as general property, vehicles, vessels, aircraft, cash, and
        real property); and

        (ii) by type of disposition (such as sale, remission, cancellation, placement into official
        use, sharing with State and local agencies, and destruction).

The Fund shall be subject to annual financial audits as authorized in the Chief Financial Officers
Act of 1990 (P.L. 101-576).

(g) Appropriations

(1) There are hereby appropriated from the Fund such sums as may be necessary to carry out the
purposes described in subsection (a)(1).

(2) There are authorized to be appropriated from the Fund to carry out the purposes set forth in
subsections (a)(2) and (c) not to exceed--



   
                                                                                     


    (A) $25,000,000 for fiscal year 1993; and

    (B) $50,000,000 for each fiscal year after fiscal year 1993.

(3)(A) Subject to subparagraphs (B) and (C), at the end of each of fiscal years 1994, 1995, 1996,
and 1997, the Secretary shall transfer from the Fund not more than $100,000,000 to the Special
Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988.

(B) Transfers pursuant to subparagraph (A) shall be made only from excess unobligated amounts
and only to the extent that, as determined by the Secretary, such transfers will not impair the
future availability of amounts for the purposes described in subsection (a). Further, transfers
under subparagraph (A) may not exceed one-half of the excess unobligated balance for a year. In
addition, transfers under subparagraph (A) may be made only to the extent that the sum of the
transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal
year for the Special Forfeiture Fund does not exceed $100,000,000.

(C) The Secretary of the Treasury shall reserve an amount not to exceed $30,000,000 from the
unobligated balances remaining in the Customs Forfeiture Fund on September 30, 1992, and such
amount shall be transferred to the Fund on October 1, 1992, or, if later, the date that is 15 days
after the date of the enactment of this section. Such amount shall be available for any expenses or
activities authorized under this section. At the end of fiscal year 1993, 1994, 1995, and 1996, the
Secretary shall reserve in the Fund an amount not to exceed $50,000,000 of the unobligated
balances in the Fund, or, if the Secretary determines that a greater amount is necessary for asset
specific expenses, an amount equal to not more than 10 percent of the total obligations from the
Fund in the preceding fiscal year. At the end of fiscal year 1997, and at the end of each fiscal year
thereafter, the Secretary shall reserve any amounts that are required to be retained in the Fund to
ensure the availability of amounts in the subsequent fiscal year for purposes authorized under
subsection (a). Unobligated balances remaining pursuant to section 4(B) of 9703(g) shall also be
carried forward.

(4)(A) After reserving any amount authorized by paragraph (3)(C), any unobligated balances
remaining in the Fund on September 30, 1993, shall be deposited into the general fund of the
Treasury of the United States.

(B) After reserving any amount authorized by paragraph (3)(C) and after transferring any amount
authorized by paragraph (3)(A), any unobligated balances remaining in the Fund on September
30, 1994, and on September 30 of each fiscal year thereafter, shall be available to the Secretary,
without fiscal year limitation, for transfers pursuant to subparagraph (A)(ii) and for obligation or
expenditure in connection with the law enforcement activities of any Federal agency or of a
Department of the Treasury law enforcement organization.

(C) Any obligation or expenditure in excess of $500,000 with respect to an unobligated balance
described in subparagraph (B) may not be made by the Secretary unless the Appropriations
Committees of both Houses of Congress are notified at least 15 days in advance of such
obligation or expenditure.

(h) Retention or transfer of property.--




   
                                                                                      


(1) The Secretary may, with respect to any property forfeited under any law (other than section
7301 or 7302 of the Internal Revenue Code of 1986) enforced or administered by the Department
of the Treasury--

    (A) retain any of the property for official use; or

    (B) transfer any of the property to--

        (i) any other Federal agency; or

        (ii) any State or local law enforcement agency that participated directly or indirectly in
        the seizure or forfeiture of the property.

(2) The Secretary may transfer any 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 of [FN5] forfeiture of the property, if such a transfer--

    (A) is one with which the Secretary of State has agreed;

    (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) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2291(h)).

(3) Nothing in this section shall affect the authority of the Secretary under section 981 of title 18
or section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a).

(i) Regulations.--The Secretary may prescribe such rules and regulations as may be necessary to
carry out this section.

(j) Customs forfeiture fund.--Notwithstanding any other provision of law--

(1) during any period when forfeited currency and proceeds from forfeitures under any law (other
than section 7301 or 7302 of the Internal Revenue Code of 1986) enforced or administered by the
Department of the Treasury or the United States Coast Guard, are required to be deposited in the
Fund pursuant to this section--

    (A) all moneys required to be deposited in the Customs Forfeiture Fund pursuant to section
    613A of the Tariff Act of 1930 (19 U.S.C. 1613b) shall instead be deposited in the Fund; and

    (B) no deposits or withdrawals may be made to or from the Customs Forfeiture Fund
    pursuant to section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b); and

(2) any funds in the Customs Forfeiture Fund and any obligations of the Customs Forfeiture Fund
on the effective date of the Treasury Forfeiture Act of 1992, shall be transferred to the Fund and
all administrative costs of such transfer shall be paid for out of the Fund.

(k) Limitation of liability.--The United States shall not be liable in any action relating to property
transferred under this section or under section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a) if
such action is based on an act or omission occurring after the transfer.


   
                                                                                     


(l) Authority to warrant title.--Following the completion of procedures for the forfeiture of
property pursuant to any law enforced or administered by the Department of the Treasury, the
Secretary is authorized, at the Secretary's discretion, to warrant clear title to any subsequent
purchaser or transferee of such forfeited property.

(m) Forfeited property.--For purposes of this section and notwithstanding section 524(c)(11) of
title 28 or any other law--

(1) during fiscal year 1993, property and currency shall be deemed to be forfeited pursuant to a
law enforced or administered by the United States Customs Service if it is forfeited pursuant to--

    (A) a judicial forfeiture proceeding when the underlying seizure was made by an officer of
    the United States Customs Service or the property was maintained by the United States
    Customs Service; or

    (B) a civil administrative forfeiture proceeding conducted by the United States Customs
    Service; and

(2) after fiscal year 1993, property and currency shall be deemed to be forfeited pursuant to a law
enforced or administered by a Department of the Treasury law enforcement organization if it is
forfeited pursuant to--

    (A) a judicial forfeiture proceeding when the underlying seizure was made by an officer of a
    Department of the Treasury law enforcement organization or the property was maintained by
    a Department of the Treasury law enforcement organization; or

    (B) a civil administrative forfeiture proceeding conducted by a Department of the Treasury
    law enforcement organization.

(n) Transfers to Attorney General and Postmaster General

(1) The Secretary shall transfer from the Fund to the Attorney General for deposit in the
Department of Justice Assets Forfeiture Fund amounts appropriate to reflect the degree of
participation of participating Federal agencies in the law enforcement effort resulting in the
forfeiture pursuant to laws enforced or administered by a Department of the Treasury law
enforcement organization. For purposes of the preceding sentence, a "participating Federal
agency" is an agency that participates in the Department of Justice Assets Forfeiture Fund.

(2) The Secretary shall transfer from the Fund to the Postmaster General for deposit in the Postal
Service Fund amounts appropriate to reflect the degree of participation of the United States Postal
Service in the law enforcement effort resulting in the forfeiture pursuant to laws enforced or
administered by a Department of the Treasury law enforcement organization.

(o) Definitions.--For purposes of this section--

(1) Department of the Treasury law enforcement organization.--The term "Department of the
Treasury law enforcement organization" means the United States Customs Service, the United
States Secret Service, the Tax and Trade Bureau, the Internal Revenue Service, the Federal Law
Enforcement Training Center, the Financial Crimes Enforcement Network, and any other law
enforcement component of the Department of the Treasury so designated by the Secretary.



   
                                                                                     


(2) Secretary.--The term "Secretary" means the Secretary of the Treasury.


                        
(a) Establishment

There is created in the Treasury a separate account to be known as the Crime Victims Fund
(hereinafter in this chapter referred to as the "Fund").

(b) Fines deposited in Fund; penalties; forfeited appearance bonds

Except as limited by subsection (c) of this section, there shall be deposited in the Fund--

(1) all fines that are collected from persons convicted of offenses against the United States
except--

    (A) fines available for use by the Secretary of the Treasury pursuant to--

        (i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and

        (ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and

    (B) fines to be paid into--

        (i) the railroad unemployment insurance account pursuant to the Railroad Unemployment
        Insurance Act (45 U.S.C. 351 et seq.);

        (ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of Title 39 and for
        the purposes set forth in section 404(a)(7) of Title 39;

        (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water
        Pollution Control Act (33 U.S.C. 1321); and

        (iv) county public school funds pursuant to section 3613 of Title 18;

(2) penalty assessments collected under section 3013 of Title 18;

(3) the proceeds of forfeited appearance bonds, bail bonds, and collateral collected under section
3146 of Title 18;

(4) any money ordered to be paid into the Fund under section 3671(c)(2) of Title 18; and

(5) any gifts, bequests, or donations to the Fund from private entities or individuals, which the
Director is hereby authorized to accept for deposit into the Fund, except that the Director is not
hereby authorized to accept any such gift, bequest, or donation that ­

    (A) attaches conditions inconsistent with applicable laws or regulations; or

    (B) is conditioned upon or would require the expenditure of appropriated funds that are not
    available to the Office for Victims of Crime.



   
                                                                                      


(c) Retention of sums in Fund; availability for expenditure without fiscal year limitation

Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this
chapter for grants under this chapter without fiscal year limitation. Notwithstanding subsection
(d)(5), all sums deposited in the Fund in any fiscal year that are not made available for obligation
by Congress in the subsequent fiscal year shall remain in the Fund for obligation in future fiscal
years, without fiscal year limitation.

(d) Availability for judicial branch administrative costs; grant program percentages

The Fund shall be available as follows:

(1) Repealed. P.L. 105-119, Title I, §109(a)(1), Nov. 26, 1997, 111 Stat. 2457

(2)(A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall
be available for grants under section 10603a of this title.

(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the amount
deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus
an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be
available for grants under section 10603a of this title.

(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.

(3) Of the sums remaining in the Fund in any particular fiscal year after compliance with
paragraph (2), such sums as may be necessary shall be available for the United States Attorneys
Offices and the Federal Bureau of Investigation to improve services for the benefit of crime
victims in the Federal criminal justice system, and for a Victim Notification System.

(4) Of the remaining amount to be distributed from the Fund in a particular fiscal year--

    (A) 47.5 percent shall be available for grants under section 10602 of this title;

    (B) 47.5 percent shall be available for grants under section 10603(a) of this title; and

    (C) 5 percent shall be available for grants under section 10603(c) of this title.

(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4), the Director may
set aside up to $50,000,000 from the amounts transferred to the Fund in response to the airplane
hijackings and terrorist acts that occurred on September 11, 2001, as an antiterrorism emergency
reserve. The Director may replenish any amounts obligated from such reserve in subsequent fiscal
years by setting aside up to 5 percent of the amounts remaining in the Fund in any fiscal year
after distributing amounts under paragraphs (2), (3) and (4). Such reserve shall not exceed
$50,000,000.

(B) The antiterrorism emergency reserve referred to in subparagraph (A) may be used for
supplemental grants under section 10603b of this title and to provide compensation to victims of
international terrorism under section 10603c of this title.

(C) Amounts in the antiterrorism emergency reserve established pursuant to subparagraph (A)
may be carried over from fiscal year to fiscal year. Notwithstanding subsection (c) and section


   
                                                                                      


619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001 (and any similar limitation on Fund obligations in any future Act,
unless the same should expressly refer to this section), any such amounts carried over shall not be
subject to any limitation on obligations from amounts deposited to or available in the Fund.

(e) Amounts awarded and unspent

Any amount awarded as part of a grant under this chapter that remains unspent at the end of a
fiscal year in which the grant is made may be expended for the purpose for which the grant is
made at any time during the 3 succeeding fiscal years, at the end of which period, any remaining
unobligated sums shall be available for deposit into the emergency reserve fund referred to in
subsection (d)(5) at the discretion of the Director. Any remaining unobligated sums shall be
returned to the Fund.

(f) "Offenses against the United States" as excluding

As used in this section, the term "offenses against the United States" does not include--

    (1) a criminal violation of the Uniform Code of Military Justice (10 U.S.C. 801 et seq.);

    (2) an offense against the laws of the District of Columbia; and

    (3) an offense triable by an Indian tribal court or Court of Indian Offenses.

(g) Grants for Indian tribes; child abuse cases

(1) The Attorney General shall use 15 percent of the funds available under subsection (d)(2) of
this section to make grants for the purpose of assisting Native American Indian tribes in
developing, establishing, and operating programs designed to improve--

    (A) the handling of child abuse cases, particularly cases of child sexual abuse, in a manner
    which limits additional trauma to the child victim; and

    (B) the investigation and prosecution of cases of child abuse, particularly child sexual abuse.

(2) The Attorney General may use 5 percent of the funds available under subsection (d)(2) of this
section (prior to distribution) for grants to Indian tribes to establish child victim assistance
programs, as appropriate.

(3) As used in this subsection, the term "tribe" has the meaning given that term in section 450b(b)
of Title 25.




   
                                                                                                      


    
7 U.S.C. 1595 violation of the Federal Seed Act (seed)

7 U.S.C. 2024(g), (h) misuse of food stamp coupons or authorization cards (nonfood items,
    money, negotiable instruments, securities, things of value furnished in exchange of coupons)

7 U.S.C. 2024 Food Stamp Act felonies (property traceable to proceeds)*

7 U.S.C. 2156 animal fighting violations (animals)

8 U.S.C. 1324(b) bringing in or harboring aliens (conveyances)

8 U.S.C. 1324 bringing in and harboring aliens for profit (property traceable to proceeds)*

8 U.S.C. 1327 aiding or assisting aliens to enter the U.S. for profit (property traceable to
    proceeds)*

8 U.S.C. 1328 importing aliens for immoral purpose for profit (property traceable to proceeds)*

11 U.S.C. 1 et seq. bankruptcy fraud (except 11 U.S.C. 157 cases)(property traceable to
    proceeds)*

15 U.S.C. 6 restraint of interstate or foreign trade (property in transit and involved in restraint)

15 U.S.C. 11 restraint of trade (property in transit)

15 U.S.C. 77 unauthorized departure of vessel detained in time of war in the interests of American
    neutrality (vessel)

15 U.S.C. 77q fraud in the sale of securities (property traceable to proceeds)*

15 U.S.C. 78dd-2 Foreign Corrupt Practices Act felonies (property traceable to proceeds)*

15 U.S.C. 292 falsely stamped gold or silver (gold, silver, gold goods, silver goods)

15 U.S.C. 715f hot oil (illegally transported contraband oil)

15 U.S.C. 1177 illegally transporting gambling devices (gambling devices)

15 U.S.C. 1195 making, moving or dealing in materials without complying with the Flammable
    Fabrics Act (material)


200
    This list does not include statutes which are probably more accurately considered fines or penalties since they make
no reference to specific property, i.e., "whoever violates this chapter shall forfeit an amount equal to three times the
value of the goods." Nor does it include statutes where the forfeiture is essentially a lien against payment of a fine or
penalty, e.g., 18 U.S.C. 3681. It does however include both criminal and civil forfeiture statutes. It also includes
statutes (marked an *) listed because CAFRA declared proceeds traceable to violation of their provisions subject to
confiscation either by identified them individually or as predicate offenses for 18 U.S.C. 1956 (money laundering) or
for 18 U.S.C. 1961 (RICO), 18 U.S.C. 981(a)(1).




    
                                                                                    


15 U.S.C. 1265 Federal Hazardous Substances Act violations (misbranded and banned
    substances)

15 U.S.C. 2071(b) consumer product safety violations (prohibited products and those which fail
    to comply with an applicable consumer product safety rule)

15 U.S.C. 2104 political or numismatic items violations (imported products)

16 U.S.C. 26 hunting or fishing in Yellowstone National Park (guns, traps, beasts of burden,
    means of transportation)

16 U.S.C. 65 hunting or fishing in Sequoia or Yosemite National Parks (guns, teams, horses,
    means of transportation, and traps)

16 U.S.C. 99 hunting or fishing in Mt. Rainier National Park (guns, traps, beasts of burden, means
    of transportation)

16 U.S.C. 117d hunting or fishing in Mesa Verde National Park (guns, traps, beasts of burden,
    means of transportation)

16 U.S.C. 128 hunting or fishing in Crater Lake National Park (guns, traps, beasts of burden,
    means of transportation)

16 U.S.C. 171 hunting or fishing in Glacier National Park (guns, traps, beasts of burden, means of
    transportation)

16 U.S.C. 198d hunting or fishing in Rocky Mountain National Park (guns, traps, beasts of
    burden, means of transportation)

16 U.S.C. 204d hunting or fishing in Lassen Volcanic National Park (guns, traps, beasts of
    burden, means of transportation)

16 U.S.C. 256c hunting or fishing in Olympic Volcanic National Park (guns, bows, traps, nets,
    seines, fishing tackle, clothing, beasts of burden, machinery, logging equipment, motor
    vehicles, aircraft, boats or means of transportation)

16 U.S.C. 395d hunting or fishing in Hawaii National Park (guns, traps, beasts of burden, means
    of transportation)

16 U.S.C. 403c-4 hunting or fishing in the Shenandoah National Park (guns, traps, nets, seines,
    teams, horses, means of transportation)

16 U.S.C. 403h-4 hunting or fishing in Great Smoky Mountains National Park (guns, traps, nets,
    seines, fishing tackle, beasts of burden, means of transportation)

16 U.S.C. 404c-4 hunting or fishing in Mammoth Cave National Park (guns, traps, nets, seines,
    fishing tackle, beasts of burden, means of transportation)

16 U.S.C. 408l hunting or fishing in Isle Royale National Park (guns, traps, nets, seines, fishing
    tackle, beasts of burden, means of transportation)



   
                                                                                    


16 U.S.C. 470gg(b) excavation of and dealing in archaeological resources (archaeological
    resources, vehicles and equipment used)

16 U.S.C. 668b Bald and Golden Eagle protection violations (products, guns, traps, nets,
    equipment, vessels, vehicles, aircraft, means of transportation)

16 U.S.C. 668dd endangered species violations (species members)

16 U.S.C. 670j hunting or fishing on wetlands (guns, traps, nets, equipment, vessels, vehicles and
    other means of transportation)

16 U.S.C. 690e hunting in Bear River Migratory Bird Refuge (game)

16 U.S.C. 957 violations of the Tuna conventions (fish)

16 U.S.C. 707 migratory bird hunting violations (guns, traps, nets, equipment, vessels, vehicles,
means of transportation)

16 U.S.C. 727 hunting and fishing in Upper Mississippi River Wild Life and Fish Refuge (guns,
    fishing equipment, boats, other paraphernalia)

16 U.S.C. 742j-1 hunting or harassing game from a plane (game, guns, plane, equipment)

16 U.S.C. 773h Northern Pacific Halibut Act violations (vessel, fishing gear, furniture,
    appurtenances, stores, cargo, fish of fishing boat)

16 U.S.C. 916f Whaling Convention violations (whales, whale products)

16 U.S.C. 959 Tuna Convention violations (fish)

16 U.S.C. 971e Atlantic Tuna Convention violations (fish)

16 U.S.C. 972f Eastern Pacific Tuna Convention violations (fish)

16 U.S.C. 1171 North Pacific Fur Seal violations (vessel, gear, furniture, appurtenances, stores,
cargo, furs)

16 U.S.C. 1376 marine mammal violations (vessel and cargo)

16 U.S.C. 1417 sell or transport tuna not taken in compliance with a International Dolphin
    Conservation program (vessel, equipment and fish)

16 U.S.C. 1418(c) global moratorium on certain tuna harvesting practices (vessels (including
    fishing gear, appurtenances, stores, and cargo) used and fish taken in violation)

16 U.S.C. 1437 marine sanctuary violations (vessel, equipment, stores, cargo, item used in
violation, sanctuary resources)

16 U.S.C. 1540 endangered species violations (species, guns, traps, nets, equipment, vessels,
    vehicles, aircraft, means of transportation)



   
                                                                                      


16 U.S.C. 1860 Fishery Conservation and Management Act violations (fishing vessels, their gear,
    furniture, appurtenances, stores, cargo, and fish)

16 U.S.C. 2409 Antarctic conservation violations (game, guns, traps, nets, equipment, vessels,
    vehicles, aircraft, other means of transportation)

16 U.S.C. 2439 Antarctic Marine Living Resources Convention violations (guns, traps, nets, other
    equipment, vessels, their gear, furniture, appurtenances, stoves, and cargo, vessels, vehicles,
    aircraft, and other means of transportation)

16 U.S.C. 3374 transporting fish, wildlife or plants contrary to law (fish, wildlife, plants, vessels,
vehicles, aircraft, and other means of transportation)

16 U.S.C. 3606 North Atlantic salmon violations (vessels and fish)

16 U.S.C. 3637 Pacific salmon violations (fish and vessels, their gear, furniture, appurtenances,
stores, and cargo)

16 U.S.C. 5010 North Pacific anadromous fish violations (fish and vessels including fishing gear,
    furniture, appurtenances, stores and cargo)

16 U.S.C. 5106 Atlantic coastal fisheries moratorium violations (fish, vessels, gear, equipment,
appurtenances, stores and cargo)

16 U.S.C. 5305a rhinoceros and tiger conservation violations (derivative products)

16 U.S.C. 5154 violations of Atlantic striped bass moratorium (vessel, equipment, cargo, fish)

16 U.S.C. 5158 violations relating to striped base in the exclusive economic zone (vessel,
equipment, cargo, fish)

16 U.S.C. 5509 high seas fish conservation offenses (fish, vessels, gear, equipment, furniture,
appurtenances, stores, and cargo)

16 U.S.C. 5606 Northwest Atlantic Fisheries Convention offenses (fishing vessels, their gear,
    furniture, appurtenances, stores, cargo, and fish)

17 U.S.C. 506 copyright infringement (copies, and copying implements, devices, and equipment)

17 U.S.C. 509 copyright infringement of phonorecords (copies, copying implements, devices, and
equipment)

17 U.S.C. 603 importation of items infringing on copyright (copies)

17 U.S.C. 1328 infringement on copyrighted original design (articles imported)

18 U.S.C. 32 destruction of aircraft (property traceable to proceeds)*

18 U.S.C. 37 violence at international airports (property traceable to proceeds)*




   
                                                                                    


18 U.S.C. 38 fraud involving aircraft or spacecraft parts (proceeds and property used to facilitate
offenses)

18 U.S.C. 81 arson within U.S. special maritime and territorial jurisdiction (property traceable to
proceeds)*

18 U.S.C. 115 influencing, impeding, or retaliating against a Federal official by threatening or
injuring a family member (property traceable to proceeds)*

18 U.S.C. 152 concealment of assets; false oaths and claims; bribery (property traceable to
proceeds)*

18 U.S.C. 175 biological weapons offenses (property traceable to proceeds)*

18 U.S.C. 175b unlawful possession of biological materials (property traceable to proceeds)*

18 U.S.C. 175c unlawful possession of smallpox materials (property traceable to proceeds)*

18 U.S.C. 176 Biological Weapons Act violations (biological agent, toxin and delivery system)

18 U.S.C. 201 bribery of U.S. officials (property traceable to proceeds)*

18 U.S.C. 215 commissions or gifts for procuring loans (property traceable to proceeds)*

18 U.S.C. 224 sports bribery (property traceable to proceeds)*

18 U.S.C. 229 chemical weapons offenses (property traceable to proceeds)*

18 U.S.C. 229B Chemical Weapons Act offenses (property used in, constituting the proceeds
from, or facilitating offenses)

18 U.S.C. 287 false claims involving health care benefits (property traceable to proceeds)*

18 U.S.C. 351 congressional or Cabinet officer assassination (property traceable to proceeds)*

18 U.S.C. 371 conspiracy to defraud health care programs (property traceable to proceeds)*

18 U.S.C. 438 unlawful Indian contracts for services (proceeds)

18 U.S.C. 471 counterfeiting obligations or securities of the United States (property traceable to
proceeds)*

18 U.S.C. 472 uttering counterfeit obligations or securities (property traceable to proceeds)*

18 U.S.C. 473 dealing in counterfeit obligations or securities (property traceable to proceeds)*

18 U.S.C. 474 possession of plates or stones for counterfeit obligations or securities (property
traceable to proceeds)*

18 U.S.C. 476 taking impressions of tools used for obligations or securities (property traceable to
proceeds)*


   
                                                                                      


18 U.S.C. 477 sale or possession of impressions of tools used for obligations or securities
(property traceable to proceeds)*

18 U.S.C. 478 counterfeiting foreign obligations or securities (property traceable to proceeds)*

18 U.S.C. 479 uttering counterfeit foreign obligations or securities (property traceable to
proceeds)*

18 U.S.C. 480 possessing counterfeit foreign obligations or securities (property traceable to
proceeds)*

18 U.S.C. 481 possession of plates or stones for counterfeit foreign obligations or securities
(property traceable to proceeds)*

18 U.S.C. 485 counterfeiting U.S. coins (property traceable to proceeds)*

18 U.S.C. 486 uttering counterfeit coins (property traceable to proceeds)*

18 U.S.C. 487 possession of counterfeit dies for U.S. coins (property traceable to proceeds)*

18 U.S.C. 488 possession of counterfeit dies for foreign coins (property traceable to proceeds)*

18 U.S.C. 492 counterfeiting U.S. or foreign government coins, obligations or securities
    (counterfeits, and any articles, devices, and things used to counterfeit)

18 U.S.C. 500 counterfeiting U.S. postal money orders (property traceable to proceeds)*

18 U.S.C. 501 counterfeiting U.S. postage stamps (property traceable to proceeds)*

18 U.S.C. 502 counterfeiting foreign postage stamps (property traceable to proceeds)*

18 U.S.C. 503 counterfeiting U.S. postmarking stamps (property traceable to proceeds)*

18 U.S.C. 510 forging U.S. checks, bonds or securities (property traceable to proceeds)*

18 U.S.C. 511 altering motor vehicle identification numbers (property traceable to proceeds)*

18 U.S.C. 512 removing or changing motor vehicle identifications numbers (vehicle or part with
altered or removed id. number)

18 U.S.C. 513 counterfeiting securities of States and private entities (property traceable to
proceeds)*

18 U.S.C. 541 entry of falsely classified goods (property traceable to proceeds)*

18 U.S.C. 542 entry of goods by means of false statements (property traceable to proceeds)*

18 U.S.C. 544 relanding goods(goods)

18 U.S.C. 545 smuggling (goods smuggled)




   
                                                                                    


18 U.S.C. 545 smuggling goods into the United States (property traceable to proceeds)*

18 U.S.C. 548 removing or repacking goods stored in customs warehouses (goods)

18 U.S.C. 549 removing goods from Customs custody (property traceable to proceeds)*

18 U.S.C. 550 false claims for refund of duties (merchandise)

18 U.S.C. 553 (importing/exporting stolen motor vehicles (property traceable to proceeds)*

18 U.S.C. 554 (smuggling goods from the United States (property traceable to proceeds)*

18 U.S.C. 641 theft of public money, property, or records (property traceable to proceeds)*

18 U.S.C. 656 theft, embezzlement, or misapplication by bank officer or employee (property
traceable to proceeds)*

18 U.S.C. 657 theft from lending, credit, and insurance institutions (property traceable to
proceeds)*

18 U.S.C. 658 property mortgaged or pledged to farm credit agencies (property traceable to
proceeds)*

18 U.S.C. 659 felonious theft from interstate shipments (property traceable to proceeds)*

18 U.S.C. 664 pension fund embezzlement (property traceable to proceeds)*

18 U.S.C. 666 theft or bribery concerning programs receiving Federal funds (property traceable to
proceeds)*

18 U.S.C. 669 health care theft or embezzlement (property traceable to proceeds)*

18 U.S.C. 793 espionage (property derived from payments from foreign sources)

18 U.S.C. 793 espionage (property traceable to proceeds)*

18 U.S.C. 794 serious espionage (property derived from or used in commission of violation)

18 U.S.C. 794 serious espionage (property traceable to proceeds)*

18 U.S.C. 798 disclosure of classified information (property derived from or used in violation)*

18 U.S.C. 798 disclosure of classified information (property traceable to proceeds)*

18 U.S.C. 831 transactions involving nuclear materials (property traceable to proceeds)*

18 U.S.C. 832 participation in foreign terrorist production of weapons of mass destruction
(property traceable to proceeds)*

18 U.S.C. 842 explosives offenses (property traceable to proceeds)*




   
                                                                                       


18 U.S.C. 844 explosives offenses (property traceable to proceeds)*

18 U.S.C. 844 explosives violations (explosives)

18 U.S.C. 875 threats in interstate communications (property traceable to proceeds)*

18 U.S.C. 892 loansharking (property traceable to proceeds)*

18 U.S.C. 893 financing a loansharking operation (property traceable to proceeds)*

18 U.S.C. 894 collecting extortionate loans (property traceable to proceeds)*

18 U.S.C. 922(l) unlawfully importing firearms (property traceable to proceeds)*

18 U.S.C. 924(n) gun running (property traceable to proceeds)*

18 U.S.C. 924 firearms violations (guns and ammunition)

18 U.S.C. 930(c) armed violence at federal facility (property traceable to proceeds)*

18 U.S.C. 956 conspiracy to kill, kidnap, maim, or injure certain property in a foreign country
(property traceable to proceeds)*

18 U.S.C. 962 arming vessel against friendly nation (vessel, its tackle, apparel, furniture, arms,
materials, ammunition and stores)

18 U.S.C. 963 departure of detained vessel in violation of neutrality (vessel, its tackle, apparel,
furniture, equipment and cargo)

18 U.S.C. 964 delivery of armed vessel to belligerent (vessel, its tackle, apparel, furniture,
equipment and cargo)

18 U.S.C. 965 departure without filing verification statements (vessel, its tackle, apparel,
furniture, equipment and cargo)

18 U.S.C. 966 departure after filing falsified statements (vessel, its tackle, apparel, furniture,
equipment and cargo)

18 U.S.C. 967 departure without clearance (vessel, its tackle, apparel, furniture, equipment and
cargo)

18 U.S.C. 981 money laundering, civil forfeiture (all property, real or personal, constituting,
derived from, or traceable to a violation)

18 U.S.C. 982 money laundering, criminal forfeiture (all property, real or personal involved in or
traceable to a violation)

18 U.S.C. 984 fungible property involved in money laundering (fungible property)

18 U.S.C. 1001 false statements in a matter with the jurisdiction of a federal agency with respect
    to health care benefits (property traceable to proceeds)*


   
                                                                                     


18 U.S.C. 1005 fraudulent bank entries (property traceable to proceeds)*

18 U.S.C. 1006 fraudulent Federal credit institution entries (property traceable to proceeds)*

18 U.S.C. 1007 fraudulent Federal Deposit Insurance transactions) (property traceable to
proceeds)*

18 U.S.C. 1014 fraudulent loan or credit applications (property traceable to proceeds)*

18 U.S.C. 1027 ERISA fraud involving health care benefits (property traceable to proceeds)*

18 U.S.C. 1028 identification fraud (property traceable to proceeds)*

18 U.S.C. 1028 fraud with respect to identification documents (property used)

18 U.S.C. 1029 access device fraud (property traceable to proceeds)*

18 U.S.C. 1029 fraud with respect to access devices (property used)

18 U.S.C. 1030 computer fraud and abuse (property traceable to proceeds)*

18 U.S.C. 1031 major fraud against the U.S. involving the assets of a financial institution
(property traceable to proceeds)*

18 U.S.C. 1032 concealment of assets from conservator, receiver, or liquidating agent of financial
    institution) (property traceable to proceeds)*

18 U.S.C. 1035 false statements in health care matters (property traceable to proceeds)*

18 U.S.C. 1037 fraud relating to electronic mail (property traceable to or used facilitate the
offense)

18 U.S.C. 1082 gambling ships (vessel, its tackle, apparel, and furniture)

18 U.S.C. 1084 interstate transmission of gambling information (property traceable to proceeds)*

18 U.S.C. 1111 murder in the special maritime and territorial jurisdiction of the United States
(property traceable to proceeds)*

18 U.S.C. 1114 federal officers or employees (property traceable to proceeds)*

18 U.S.C. 1116 murder of foreign officials, official guests, or internationally protected persons
(property traceable to proceeds)*

18 U.S.C. 1165 hunting, trapping or fishing on Indian land (game, pelts, and fish)

18 U.S.C. 1201 kidnaping (property traceable to proceeds)*

18 U.S.C. 1203 hostage taking (property traceable to proceeds)*

18 U.S.C. 1341 mail fraud (property traceable to proceeds)*



   
                                                                                      



18 U.S.C. 1343 wire fraud (property traceable to proceeds)*

18 U.S.C. 1344 bank fraud (property traceable to proceeds)*

18 U.S.C. 1347 health care fraud (property traceable to proceeds)*

18 U.S.C. 1361 willful injury of Government property (property traceable to proceeds)*

18 U.S.C. 1362 destruction of communications facilities (property traceable to proceeds)*

18 U.S.C. 1363 destruction of property within U.S. special maritime and territorial jurisdiction
(property traceable to proceeds)*

18 U.S.C. 1336 destruction of energy facilities (property traceable to proceeds)*

18 U.S.C. 1425 procuring citizenship unlawfully (property traceable to proceeds)*

18 U.S.C. 1426 reproducing of citizenship papers (property traceable to proceeds)*

18 U.S.C. 1427 sale of citizenship papers (property traceable to proceeds)*

18 U.S.C. 1461 mailing obscene material (property traceable to proceeds)*

18 U.S.C. 1462 importing/exporting obscene material (property traceable to proceeds)*

18 U.S.C. 1463 mailing indecent material (property traceable to proceeds)*

18 U.S.C. 1464 broadcasting obscene language (property traceable to proceeds)*

18 U.S.C. 1465 transporting obscene material for sale (property traceable to proceeds)*

18 U.S.C. 1467 obscene material (material, real and personal property derived from, traceable to,
or used to commit a violation)

18 U.S.C. 1503 obstruction of justice (property traceable to proceeds)*

18 U.S.C. 1510 obstructing criminal investigations (property traceable to proceeds)*

18 U.S.C. 1511 obstructing state law enforcement (property traceable to proceeds)*

18 U.S.C. 1512 tampering with federal witnesses (property traceable to proceeds)*

18 U.S.C. 1513 retaliating against federal witnesses (property traceable to proceeds)*

18 U.S.C. 1518 obstruction of health care crime investigations (property traceable to proceeds)*

18 U.S.C. 1542 false statement in a passport application (property traceable to proceeds)*

18 U.S.C. 1543 passport forgery (property traceable to proceeds)*

18 U.S.C. 1544 passport misuse (property traceable to proceeds)*



   
                                                                                   



18 U.S.C. 1546 visa fraud (property traceable to proceeds)*

18 U.S.C. 1581 peonage (property traceable to proceeds)*

18 U.S.C. 1582 vessels in the slave trade (property traceable to proceeds)*

18 U.S.C. 1583 enticing another into slavery (property traceable to proceeds)*

18 U.S.C. 1584 selling another into slavery (property traceable to proceeds)*

18 U.S.C. 1585 slave trading (property traceable to proceeds)*

18 U.S.C. 1586 service on a slave ship (property traceable to proceeds)*

18 U.S.C. 1587 possession of slaves aboard ship (property traceable to proceeds)*

18 U.S.C. 1588 transportation of slaves to the United States (property traceable to proceeds)*

18 U.S.C. 1589 forced labor (property traceable to proceeds)*

18 U.S.C. 1590 trafficking relating to peonage, slavery, involuntary servitude or forced labor
(property traceable to proceeds)*

18 U.S.C. 1591 sex trafficking in children (property traceable to proceeds)*

18 U.S.C. 1592 false statements relating to peonage (property traceable to proceeds)*

18 U.S.C. 1594 peonage, slavery, and forced labor violations (property derived from or used to
facilitate the offense)

18 U.S.C. 1708 theft from the mail (property traceable to proceeds)*

18 U.S.C. 1751 Presidential assassination (property traceable to proceeds)*

18 U.S.C. 1762 illicit transportation of prisoner-made goods (goods)

18 U.S.C. 1834 trade secret offenses (proceeds and property used to facilitate offenses)

18 U.S.C. 1951 robbery or violence affecting interstate commerce (Hobbs Act) (property
traceable to proceeds)*

18 U.S.C. 1952 use of interstate commerce to facilitate unlawful activity (Travel Act) (property
traceable to proceeds)*

18 U.S.C. 1953 interstate transportation of wagering paraphernalia (property traceable to
proceeds)*

18 U.S.C. 1954 corruption of employee benefit plans (property traceable to proceeds)*

18 U.S.C. 1955 illegal gambling business (property traceable to proceeds)*




   
                                                                                     



18 U.S.C. 1955 illegal gambling business (any property including money used in violation)

18 U.S.C. 1956 money laundering (property traceable to proceeds)*

18 U.S.C. 1957 unlawful monetary transactions (property traceable to proceeds)*

18 U.S.C. 1958 interstate murder for hire (property traceable to proceeds)*

18 U.S.C. 1960 unlawful money transmission business (property involved or traceable to
proceeds)*

18 U.S.C. 1963 Racketeer Influenced and Corrupt Organizations (RICO) (property derived from
and interest acquired and maintained in violation)

18 U.S.C. 1992 terrorist attacks on mass transit (property traceable to proceeds)*

18 U.S.C. 2113 bank robbery (property traceable to proceeds)*

18 U.S.C. 2114 postal robbery and theft (property traceable to proceeds)*

18 U.S.C. 2119 carjacking (property traceable to proceeds)*

18 U.S.C. 2155 destruction of national defense material (property traceable to proceeds)*

18 U.S.C. 2156 product of defective national defense material (property traceable to proceeds)*

18 U.S.C. 2241 aggravated sexual abuse (property traceable to proceeds)

18 U.S.C. 2242 sexual abuse (property traceable to proceeds)

18 U.S.C. 2243 sexual abuse of a minor or ward (property traceable to proceeds)

18 U.S.C. 2244 abusive sexual contact (property traceable to proceeds)

18 U.S.C. 2251 sexual exploitation of children (property traceable to proceeds)*

18 U.S.C. 2251A selling children (property traceable to proceeds)*

18 U.S.C. 2252 material involving sexual exploitation of children (property traceable to
proceeds)*

18 U.S.C. 2252A activities relating to child pornography (property traceable to proceeds)

18 U.S.C. 2252B misleading internet domain names (property traceable to proceeds)

18 U.S.C. 2253 sexual exploitation of children, criminal forfeiture (product, real and personal
property derived from, traceable to, and used in violation)

18 U.S.C. 2254 sexual exploitation of children, civil forfeiture (product, real and personal
property derived from, traceable to, and used in violation)




   
                                                                                     



18 U.S.C. 2260 production of sexual exploitative material for importation (property traceable to
proceeds)*

18 U.S.C. 2274 destruction or misuse of vessel by owner (vessel, its tackle, apparel, furniture and
equipment)

18 U.S.C. 2280 violence against maritime navigation (property traceable to proceeds)*

18 U.S.C. 2281 violence against maritime fixed platforms (property traceable to proceeds)*

18 U.S.C. 2312 interstate transportation of stolen motor vehicles (property traceable to proceeds)*

18 U.S.C. 2313 receipt of a stolen motor vehicle transported interstate (property traceable to
proceeds)*

18 U.S.C. 2314 interstate transportation of stolen property (property traceable to proceeds)*

18 U.S.C. 2315 receipt of a stolen property transported interstate (property traceable to
proceeds)*

18 U.S.C. 2318 trafficking in counterfeit labels affixed or to be affixed to phonograph records,
motion pictures or other audiovisual works (counterfeit labels and articles to which they are
affixed)

18 U.S.C. 2318 same (property traceable to proceeds)*

18 U.S.C. 2319 copyright infringement (property traceable to proceeds)*

18 U.S.C. 2319A unauthorized commercial exploitation of sound recordings (property traceable to
proceeds)*

18 U.S.C. 2319A same (recordings and phonorecords)

18 U.S.C. 2320 trafficking in counterfeit goods and services (property traceable to proceeds)*

18 U.S.C. 2321 chop shop offenses (property traceable to proceeds)*

18 U.S.C. 2332 terrorist acts abroad against United States nationals (property traceable to
proceeds)*

18 U.S.C. 2332a weapons of mass destruction (property traceable to proceeds)*

18 U.S.C. 2332b international terrorist acts transcending national boundaries (property traceable
to proceeds)*

18 U.S.C. 2332f bombing public places and facilities (property traceable to proceeds)*

18 U.S.C. 2332g anti-aircraft missile offenses (property traceable to proceeds)*

18 U.S.C. 2332h radiological dispersal device offenses (property traceable to proceeds)*




   
                                                                                   



18 U.S.C. 2339 harboring terrorists (property traceable to proceeds)*

18 U.S.C. 2339A providing material support to terrorists (property traceable to proceeds)*

18 U.S.C. 2339B providing material support to terrorist organizations (property traceable to
proceeds)*

18 U.S.C. 2339C financing terrorism (property traceable to proceeds)*

18 U.S.C. 2339D receipt of military training from a foreign terrorist organization (property
traceable to proceeds)*

18 U.S.C. 2340A torture (property traceable to proceeds)*

18 U.S.C. 2342 trafficking in untaxed cigarettes (property traceable to proceeds)*

18 U.S.C. 2344 same (cigarettes)

18 U.S.C. 2421 interstate transportation for sexual purposes (property traceable to proceeds)*

18 U.S.C. 2422 coercing or enticing another to travel interstate for sexual purposes (property
    traceable to proceeds)*

18 U.S.C. 2423 interstate transportation of minors for sexual purposes (property traceable to
    proceeds)*

18 U.S.C. 2424 keeping a house of alien prostitution without registering with immigration
    officials (property traceable to proceeds)*

18 U.S.C. 2513 interception of wire, oral or electronic communications (wiretapping and bugging
    devices)

18 U.S.C. 3113 liquor violations in Indian country (unlawful liquor and the conveyances and
    packages in which it is found)

18 U.S.C. 3665 firearms possessed by convicted felons (firearms and ammunition unlawfully
    possessed)

18 U.S.C. 3667 liquors involved in violations of 18 U.S.C. 1261-1265 relating to tax and
    transportation of liquor (liquor and conveyances)

18 U.S.C. 3669 using conveyances to unlawful transport liquor into Indian country (conveyances)

18 U.S.C. 4012 prison contraband (contraband)

19 U.S.C. 130 importing goods in certain foreign owned ships (goods, vessels, and their cargo,
    tackle, apparel, and furniture)

19 U.S.C. 467 unstamped imported distilled spirits (spirits)

19 U.S.C. 469 dealing in empty stamped imported liquor containers (containers)


   
                                                                                  



19 U.S.C. 1305 importation of immoral materials (contents of packages in which immoral
    materials are found)

19 U.S.C. 1322 rescue and relief equipment imported contrary to regulations for admission
    pursuant to treaty with Mexico (equipment)

19 U.S.C. 1338 foreign discrimination against American commerce (articles imported in
    violation)

19 U.S.C. 1436 failure to comply with Customs entry requirements (conveyance and goods)

19 U.S.C. 1453 unloading without meeting Customs requirements (goods and, if their value
    exceeds $500, the importing vessel)

19 U.S.C. 1462 refusal to allow customs inspection of container or vehicle (container or vehicle
    and its contents)

19 U.S.C. 1464 failure to comply with Customs requirements for sealed conveyances
    (conveyances and contents)

19 U.S.C. 1466 avoiding duty on repairs made overseas (vessel)

19 U.S.C. 1497 failure to declare goods upon entry (goods)

19 U.S.C. 1526 import of foreign made goods with American labels (goods)

19 U.S.C. 1527 import of animals and birds contrary to foreign law (animals and birds)

19 U.S.C. 1584 failure to describe goods in a manifest (goods)

19 U.S.C. 1586 unlawful unloading or shipment (vessel and cargo)

19 U.S.C. 1587 smuggled goods discovered on inspection (vessel and cargo)

19 U.S.C. 1588 transportation of goods between U.S. ports via foreign ports (goods)

19 U.S.C. 1590 aviation smuggling (plane or vessel)

19 U.S.C. 1590 same (property traceable to proceeds)*

19 U.S.C. 1592 false or incomplete statements to customs (goods)

19 U.S.C. 1594 smuggling (conveyances)

19 U.S.C. 1595a use of conveyances for smuggling (conveyances and merchandise)

19 U.S.C. 1627a importing or exporting stolen conveyances (conveyances)

19 U.S.C. 1703 smuggling (vessel and cargo)

19 U.S.C. 1706 importation in unlicensed planes and small boats (planes, small boats and goods)



   
                                                                                     



19 U.S.C. 1707 importing liquor without vessel certificate (liquor)

19 U.S.C. 2093 unlawfully imported pre-Columbian art (art)

19 U.S.C. 2609 theft or unlawfully importing archaeological or ethnological material or articles
    (material or articles)

21 U.S.C. 134a Livestock and Poultry threatening the introduction or dissemination of
    communicable diseases (livestock and poultry)

21 U.S.C. 334 misbranded or adulterated foods, drugs and cosmetics (products, counterfeit drugs,
    their containers, manufacturing equipment)

21 U.S.C. 467b processing, transporting or distributing diseased poultry and poultry products
(poultry and poultry products)

21 U.S.C. 673 processing, transporting or distributing diseased meat (meat)

21 U.S.C. 841 controlled substance trafficking (property traceable to proceeds)*

21 U.S.C. 842 controlled substance regulatory offenses (property traceable to proceeds)*

21 U.S.C. 843 unlawful conduct relating to controlled substance (property traceable to proceeds)*

21 U.S.C. 846 attempt or conspiracy to a commit controlled substance offense (property traceable
to proceeds)*

21 U.S.C. 848 drug kingpin offenses (property traceable to proceeds)*

21 U.S.C. 853 controlled substance violations, criminal forfeiture (property derived from,
traceable to, used to facilitate violation)

21 U.S.C. 854 investment of controlled substance offense proceeds (property traceable to
proceeds)*

21 U.S.C. 856 maintaining drug-involved premises (property traceable to proceeds)*

21 U.S.C. 858 endangerment in the illicit production of controlled substances (property traceable
to proceeds)*

21 U.S.C. 859 drug trafficking to minors (property traceable to proceeds)*

21 U.S.C. 860 drug trafficking near schools and similar facilities (property traceable to
proceeds)*

21 U.S.C. 861 drug trafficking using minors (property traceable to proceeds)*

21 U.S.C. 863 transportation of drug paraphernalia (property traceable to proceeds)*

21 U.S.C. 863 same (property traceable to proceeds)*




   
                                                                                      



21 U.S.C. 881 controlled substance violations, civil forfeiture (substance, raw materials, precursor
chemicals, records, containers, conveyances, property including real property traceable to,
derived from or used to facilitate violations)

21 U.S.C. 952 unlawfully importing controlled substances (property traceable to proceeds)*

21 U.S.C. 953 unlawfully exporting controlled substances (property traceable to proceeds)*

21 U.S.C. 957 unlicensed exporting or importing controlled substances (property traceable to
    proceeds)*

21 U.S.C. 959 overseas controlled substance offenses (property traceable to proceeds)*

21 U.S.C. 960 violations of 21 U.S.C. 952, 953, 957, 959 (property traceable to proceeds)*

21 U.S.C. 960A narcoterrorism (property traceable to proceeds)*

21 U.S.C. 961 regulatory import/export offenses (property traceable to proceeds)*

21 U.S.C. 963 attempt or conspiracy to commit controlled substance import/export offenses
    (property traceable to proceeds)*

21 U.S.C. 970 controlled substance importing and exporting violations (property derived from,
    traceable to, used to facilitate violation)

21 U.S.C. 1049 processing, transporting or distributing contaminated eggs (eggs)

22 U.S.C. 287c violation of import restrictions on Rhodesian chromium (property, funds,
    securities, papers, vessel (with tackle, apparel, furniture and equipment, vehicle, aircraft
    concerned in violation)

22 U.S.C. 401 illegal exportation of war materials (arms, munitions of war and other articles,
    vessels, vehicles, and aircraft)

22 U.S.C. 611 et seq. felonious violations of the Foreign Agents Registration Act (property
    traceable to proceeds)*

22 U.S.C. 1978 importing fish and wildlife from countries threatening endangered species (fish
    and wildlife)

22 U.S.C. 2778 Arms Export Control Act offenses (property traceable to proceeds)*

22 U.S.C. 6744 disclosure trade secrets acquired through Chemical Weapons Convention
    implementation (property used in, constituting the proceeds from, or facilitating offenses)

25 U.S.C. 264 trading in Indian country without a license (merchandise)

26 U.S.C. 5607 unlawful use, recovery or concealment of denatured distilled spirits (all personal
    property used, buildings and grounds constituting business premises on which violations
    occurred)



   
                                                                                    



26 U.S.C. 5608 smuggling liquor (liquor, vessels, vehicles and planes)

26 U.S.C. 5612 mingling taxed and untaxed liquor in distilling plants (liquor)

26 U.S.C. 5613 improperly marked liquor (liquor)

26 U.S.C. 5615 bootlegging (unregistered stills, distilling apparatus, products, land used or
    facilitating, personal property proximate)

26 U.S.C. 5661 wine tax evasion (property used)

26 U.S.C. 5671 beer tax evasion (beer, vessels, utensils, and apparatus)

26 U.S.C. 5673 evading beer tax (lands and buildings holding brewery)

26 U.S.C. 5681 transporting liquor or raw materials to plants or warehouses with insufficient
    signs (vehicles, planes, and vessels used)

26 U.S.C. 5683 transporting liquor under improper brands (liquor)

26 U.S.C. 5685 possession of illegal firearms (firearms)

26 U.S.C. 5763 tobacco tax violations (all property, real and personal, used in violation, property
    of illicit operators used to defraud, tobacco and tobacco products)

26 U.S.C. 5872 firearms tax violations (firearms)

26 U.S.C. 7301 tax avoidance (property subject to taxation, and associated raw material,
    equipment, containers, conveyances)

26 U.S.C. 7302 possession of property to be used to violate the tax laws (property intended to
    such use)

26 U.S.C. 7303 use of counterfeit tax stamps and documents (counterfeit stamps, falsely stamped
    containers and their contents, fraudulent permits and like documents)

27 U.S.C. 206 violation of bulk intoxicating liquor sales regulations (liquor)

29 U.S.C. 186 restrictions on payments and loans to labor organizations (property traceable to
    proceeds)*

29 U.S.C. 501(c) embezzlement from union funds (property traceable to proceeds)*

30 U.S.C. 1466 Deep Seabed Hard Mineral Resource Act violations (minerals, vessel and its gear,
    furniture, appurtenances, stores and cargo)

31 U.S.C. 5111 U.S. coins exported, melted or treated contrary to regulation (coins)

31 U.S.C. 5137 crossing a U.S. border with more than $10,000 in unreported cash (cash)

33 U.S.C. 384 piracy (vessels)


   
                                                                                     



33 U.S.C. 1251 et seq. Federal Water Pollution Control Act felonies (property traceable to
    proceeds)*

33 U.S.C. 1401 et seq. Ocean Dumping Act felonies (property traceable to proceeds)*

33 U.S.C. 1415 ocean dumping (proceeds of, property used in, property facilitate violation)

33 U.S.C. 1901 et seq. Act to Prevent Pollution from Ships felonies (property traceable to
    proceeds)*

33 U.S.C. 2236 failure pay harbor dues (cargo)

33 U.S.C. 2716 oil tankers failure to maintain evidence of financial responsibility (vessel)

42 U.S.C. 300f et seq. Safe Drinking Water Act felonies (property traceable to proceeds)*

42 U.S.C. 1490s equity skimming (property traceable to proceeds)*

42 U.S.C. 2122 atom weapons offenses (property traceable to proceeds)*

42 U.S.C. 2284 sabotage of nuclear facilities (property traceable to proceeds)*

42 U.S.C. 6901 et seq. Resources Conservation and Recovery Act felonies (property traceable to
    proceeds)*

46 U.S.C. 12122 vessel documentation offenses (vessel and its equipment)

46 U.S.C. 12507 vessel identification offenses (vessel and its equipment)

46 U.S.C. 31330 violation of restrictions on sale of mortgaged vessels (vessel)

46 U.S.C.App.14 false statements to obtain registration of wrecked vessel (vessel and its tackle,
    apparel and furniture)

46 U.S.C.App.142 retaliatory suspension of commercial privileges to foreign vessels (vessel and
    goods)

46 U.S.C.App. 292 use of unlicensed foreign built dredges (dredge)

46 U.S.C.App. 316 unlawful salvage operations by foreign vessels (vessel)

46 U.S.C.App. 326 undocumented vessels trading in domestic commerce (vessel, equipment and
    cargo)

46 U.S.C.App. 723 carrying property from ship wrecks to foreign ports (vessel, its tackle, apparel
    and furniture)

46 U.S.C.App. 808 improper transfer of a U.S. registered vessel to foreign registry (vessel)

46 U.S.C.App. 835 violation of restrictions on transfer of shipping facilities (vessel, shipyard,
    drydock, ship building or repairing facilities, or interest therein)


   
                                                                                     



46 U.S.C.App. 883-1 unlawful foreign shipping in domestic commerce (vessel)

46 U.S.C.App. 883a failure to report foreign rebuilding (vessel, tackle, apparel, equipment and
    furniture)

46 U.S.C.App. 1904 manufacture, distribution or possession of controlled substances in violation
    of the Maritime Drug Enforcement Act (controlled substances and other property used or
    intended for use in violation of Act)

47 U.S.C. 510 broadcasting without a license (radio equipment)

49 U.S.C. 46306 aircraft registration violations (plane)

49 U.S.C. 46502 chemical trafficking offenses (property traceable to proceeds)*

49 U.S.C. 46504 assault of aircraft flight crew with a dangerous weapons (property traceable to
    proceeds)*

49 U.S.C. 46505 placing explosives aboard an aircraft (property traceable to proceeds)*

49 U.S.C. 46506 homicide or attempted homicide aboard an aircraft (property traceable to
    proceeds)*

49 U.S.C. 80303 contraband in the Guam and the North Marianas (conveyances)

49 U.S.C. 60123 destruction of interstate gas pipeline facilities (property traceable to proceeds)*

50 U.S.C. 192 failure to comply with regulations during a national emergency (vessel, tackle,
    apparel, furniture and equipment)

50 U.S.C. 205 suspension of commercial intercourse with State in insurrection (goods, vessels or
    vehicles entering or departing after suspension)

50 U.S.C. 212 property employed in aid of insurrection (property used)

50 U.S.C. 216 transportation of goods in aid of insurrection (goods)

50 U.S.C. 221 entering ports of entry closed due to insurrection (vessel and its tackle, apparel,
    furniture and cargo)

50 U.S.C. 223 states in insurrection (vessels)

50 U.S.C. 224 unauthorized departure during time of insurrection (vessel and its tackle, apparel,
    furniture and cargo)

50 U.S.C. 783 unlawful communication of classified information (proceeds from, property used,
    or property facilitating offense)

50 U.S.C. 1705 International Emergency Economic Powers Act offenses (property traceable to
    proceeds)*



   
                                                                                         
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                                                                                                              ;a4257.333
 ;707-7-A06 ot 107-7-A06§§ edoC.aV.W :ainigriV tseW                      ot 1257.333§§ .nnA swaL.pmoC.hciM :nagihciM
                                        ;025.05.96 ,905 .05.96                                                      ;A74
       ot 505.05.96§§ .nnA edoC.veR.hsaW :notgnihsaW                ,74§§ C49 .hc .nnA swaL.neG.ssaM :sttesuhcassaM
             ;72.683-2.91 ot 1.683-2.91§ edoC.aV :ainigriV           ;602-31 ot 101-21§§ edoC.orP.mirC.dM :dnalyraM
              ;8424 ot 1424§§ 81.tit .nnA.tatS.tV :tnomreV                ;7285 ot 1285§§ 51.hc .nnA.tatS.veR.eM :eniaM
           ;02-73-85 ot 31-73-85§§ .nnA edoC hatU :hatU               ;2262:04 ot 1062:04§§ .nnA.tatS.veR.aL :anaisiuoL
      ;41.95 ot 10.95 .strA .orP.mirC fo edoC.xeT :saxeT               ;064.A812 ot 504.A812§§ .tatS.veR.yK :ykcutneK
                                       ;254-11-35 ,154-11-35
;402-11-35 ot 102-11-35§§ .nnA edoC.nneT :eessenneT                        ;6214-06 ot 1014-06§§ .nnA.tatS.naK :sasnaK
                                                          ;101
-B02-43 ot 07-B02-43§§ swaL.pmoC.D.S :atokaD htuoS                          ;52.A908 ot 1.A908§§ .nnA edoC awoI :awoI
   ;095-35-44 ot 025-35-44§§ edoC.C.S :aniloraC htuoS                 ;8-1-42-43 ot 1-1-42-43§§ .nnA edoC.dnI :anaidnI
                                                       ;5.70.5                                         ;2.5/571 ot 1/571§§
        -82-12 ot 0.5-82-12§§ swaL.neG.I.R :dnalsI edohR           527.hc ,505/075 ,21/055§§ 027.hc .nnA.tatS.llI :sionillI
                                                                                                                 ;5182-73
          ;2086 ,1086§§ 24.tit .nnA.tatS.aP :ainavlysnneP        ot 1082-73 ,B4472-73 ot 4472-73§§ edoC ohadI :ohadI
        ;061.A574 ot 500.A574§§ .tatS.veR.erO :nogerO                                  ;55-923§ .tatS.veR iiawaH :iiawaH
      ;805-2 ot 105-2§§ 36.tit .nnA.tatS.alkO :amohalkO                              ;94-31-61§ .nnA edoC.aG :aigroeG
             ;54.5292 ot 14.5292§§ edoC.veR oihO :oihO              ;607.239 ot 107.239 ,21.398§§ .nnA.tatS.alF :adirolF
                                                 ;7.63-1.30
    -91 ot 63-1.30-91§§ edoC.tneC.D.N :atokaD htroN                                   ;4874§ 61.tit edoC.leD :erawaleD
        ;1.211 ,211-09§§ .tatS.neG.C.N :aniloraC htroN           ;n63-45 ot a63-45§§ .nnA.tatS.neG.nnoC :tucitcennoC
                             ;2531 ot 0131§§ waL ecitcarP
liviC.Y.N ;8833 ,7833§§ waL htlaeH.buP.Y.N :kroY weN               ;207-31-61 ot 105-31-61§§ .tatS.veR.oloC :odaroloC
                                                                                                                ;59411
   ;63-13-03 ot 43-13-03§§ .nnA.tatS.M.N :ocixeM weN                  ot 96411 §§ edoC ytefaS & htlaeH.laC :ainrofilaC
        ;9-46:C2 ot 1-46:C2§§ .nnA.tatS.J.N :yesreJ weN                   ;805-46-5 ot 505-46-5§§ edoC.krA :sasnakrA
                                                  ;f-71:B-813
     ot 71:B-813§§ .nnA.tatS.veR.H.N :erihspmaH weN            ;5134-31 ot 1034-31§§ .nnA.tatS.veR.zirA :anozirA
           ;113 .354 ot 103.354§§ .tatS.veR.veN :adaveN             ;621.03.71 ot 001.03.71§§ .tatS aksalA :aksalA
                       ;134-82§ .tatS.veR.beN :aksarbeN                            ;39-2-02§ edoC.alA :amabalA
                                            stcA erutiefroF gurD etatS
                                                                                       
         50 U.S.C.App. 2410 export regulation violations (resulting property interests and proceeds)
          50 U.S.C. App. 16 Trading With the Enemy Act offenses (property traceable to proceeds)*
     of a violation)
 50 U.S.C.App. 16 Trading With the Enemy Act violations (property and vessels that is the subject
  
                                                                                     
                                                                       cdoyle@crs.loc.gov, 7-6968
                                                                       Senior Specialist in American Public Law
                                                                       Charles Doyle
                                                                     
                                                                 ;2.6-14:C2 ot 1-14:C2§§ .nnA.tatS.J.N :yesreJ weN
                                                                        ;025.702 ot 053.702§§ .tatS.veR.veN :adaveN
                                                                       ;356.315 ot 006.315§§ .tatS.nnA.oM :iruossiM
         .88.649 ot 08.649§§ .nnA.tatS.siW :nisnocsiW                 ;11-34-79 ot 1-34-79§§ edoC.ssiM :ippississiM
                                             ;071.28.A9
    ot 010.28.A9§§ .nnA edoC.veR.hsaW :notgnihsaW                  ;219.906 ot 109.906§§ .nnA.tatS.nniM :atosenniM
                                                                                                               ;x951.057
              ;715-2.81 ot 215-2.81§§ edoC.aV :ainigriV                ot f951.057§§ .nnA swaL.pmoC.hciM :nagihciM
    ;0161-01-67 ot 1061-01-67§§ .nnA edoC hatU :hatU              ;6531:51 ot 1531:51§§ .nnA.tatS.veR.aL :anaisiuoL
                ;50.17 ot 10.17§§ edoC laneP.xeT :saxeT                                ;3.A607§ .nnA edoC awoI :awoI
;012-21-93 ot 102-21-93§§ .nnA edoC.nneT :eessenneT                ;8-2-42-43 ot 1-2-42-43§§ .nnA edoC.dnI :anaidnI
       ;11-51-7 ot 1-51-7§§ swaL.neG.I.R :dnalsI edohR                       ;5087-81 ot 1087-81§§ edoC ohadI :ohadI
                  ;119§ 81.tit .nnA.tatS.aP :ainavlysnneP                    ;21-248 ot 1-248§§ .tatS.veR.waH :iiawaH
           ;537.661 ot 517.661§§ .tatS.veR.erO :nogerO                ;51-41-61 ot 1-41-61§§ .nnA edoC.aG :aigroeG
       ;9141 ot 1041§§ 22.tit .nnA.tatS.alkO :amohalkO                        ;90.598 ot 10.598§§ .nnA.tatS.alF :adirolF
            ;63.3292 ot 13.3292§§ edoC.veR oihO :oihO                      ;1151 ot 1051§§ 11.tit edoC.leD :erawaleD
                                                   ;80-1.60
-1.21 ot 10-1.60-1.21§§ edoC.tneC.D.N :atokaD htroN ;304-35 ot 393-35§§ .nnA.tatS.neG.nnoC :tucitcennoC
    ;41-D57 ot 1-D57§§ .tatS.neG.C.N :aniloraC htroN         ;901-71-81 ot 101-71-81§§ .tatS.veR.oloC :odaroloC
          ;08.064 ot 00.064§§ waL laneP.Y.N :kroY weN                 ;8.681 ot 681§§ edoC laneP.laC :ainrofilaC
      ;6-24-03 ot 1-24-03§§ .nnA.tatS.M.N :ocixeM weN       ;40.4132-31 ot 4132-31§§ .nnA.tatS.veR.zirA :anozirA
                                           stcA erutiefroF OCIR etatS
                                                              ;602-21-44 ot 101-21-44§§ .nnA edoC.tnoM :anatnoM
                                                                       ;641.591 ot 031.591§§ .tatS.nnA.oM :iruossiM
  

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