Title 18 — Crimes and Criminal Procedure — § 982. Criminal forfeiture
Summary
These pages of Title 18 of the United States Code carry 18 U.S.C. § 982, Criminal forfeiture, with amendment notes. Subsection (a)(1) says a court sentencing a person convicted under section 1956, 1957 or 1960 shall order the person to forfeit any property, real or personal, involved in the offense or traceable to it. Subsection (a)(2) requires forfeiture of property constituting or derived from proceeds of violations of, or conspiracies to violate, listed sections affecting a financial institution, including sections 1014, 1341, 1343 and 1344, and other listed sections such as 1028, 1029 and 1030. Later paragraphs cover Federal health care offenses and other crimes, and subsection (b)(1) governs the forfeiture by section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The page ends at the start of § 983, General rules for civil forfeiture proceedings.
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Page 285 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 982
was executed to reflect the probable intent of Congress amendment made by this Act [see Short Title of 1986
by making the substitution in four places without re- Amendment note set out under section 801 of Title 21,
gard as to whether or not the initial article ‘‘the’’ was Food and Drugs], or the application thereof to any per-
capitalized. son or circumstances is held invalid, the provisions of
Pub. L. 100–690, § 6469(b)(4), inserted provision that the every other part, and their application, shall not be af-
authority granted to the Secretary of the Treasury and fected thereby.’’
the Postal Service apply only to property that has been
administratively forfeited. § 982. Criminal forfeiture
Subsec. (g). Pub. L. 100–690, § 6471(c), inserted
(a)(1) The court, in imposing sentence on a
‘‘, Federal, State or local,’’ after ‘‘law’’.
Subsec. (i)(1). Pub. L. 100–690, § 6470(f), substituted person convicted of an offense in violation of
‘‘subsection’’ for ‘‘subchapter’’ in fourth sentence. section 1956, 1957, or 1960 of this title, shall order
that the person forfeit to the United States any
Statutory Notes and Related Subsidiaries property, real or personal, involved in such of-
fense, or any property traceable to such prop-
EFFECTIVE DATE OF 2010 AMENDMENT erty.
Amendment by Pub. L. 111–203 effective on the trans- (2) The court, in imposing sentence on a per-
fer date, see section 351 of Pub. L. 111–203, set out as a son convicted of a violation of, or a conspiracy
note under section 906 of Title 2, The Congress. to violate—
EFFECTIVE DATE OF 2000 AMENDMENT (A) section 215, 656, 657, 1005, 1006, 1007, 1014,
1341, 1343, or 1344 of this title, affecting a fi-
Amendment by Pub. L. 106–185 applicable to any for- nancial institution, or
feiture proceeding commenced on or after the date that (B) section 471, 472, 473, 474, 476, 477, 478, 479,
is 120 days after Apr. 25, 2000, see section 21 of Pub. L.
106–185, set out as a note under section 1324 of Title 8,
480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545,
Aliens and Nationality. 555, 842, 844, 1028, 1029, or 1030 of this title,
EFFECTIVE DATE OF 1994 AMENDMENT
shall order that the person forfeit to the United
States any property constituting, or derived
Pub. L. 103–322, title XXXIII, § 330011(s)(2), Sept. 13, from, proceeds the person obtained directly or
1994, 108 Stat. 2146, provided that the amendment made indirectly, as the result of such violation.
by that section is effective as of the date on which sec- (3) The court, in imposing a sentence on a per-
tion 2525(a)(2) of Pub. L. 101–647 took effect.
son convicted of an offense under—
SHORT TITLE OF 2000 AMENDMENT (A) section 666(a)(1) (relating to Federal pro-
Pub. L. 106–185, § 1(a), Apr. 25, 2000, 114 Stat. 202, pro-
gram fraud);
vided that: ‘‘This Act [enacting sections 983 and 985 of (B) section 1001 (relating to fraud and false
this title and sections 2466 and 2467 of Title 28, Judici- statements);
ary and Judicial Procedure, amending this section, sec- (C) section 1031 (relating to major fraud
tions 982 to 984, 986, 2232, 2254, and 3322 of this title, sec- against the United States);
tion 1324 of Title 8, Aliens and Nationality, section 1621 (D) section 1032 (relating to concealment of
of Title 19, Customs Duties, section 881 of Title 21, Food assets from conservator, receiver, or liqui-
and Drugs, sections 524, 2461, 2465, and 2680 of Title 28, dating agent of insured financial institution);
and section 2996f of Title 42, The Public Health and (E) section 1341 (relating to mail fraud); or
Welfare, repealing section 888 of Title 21, and enacting (F) section 1343 (relating to wire fraud),
provisions set out as notes under section 1324 of Title
8, section 2466 of Title 28, and section 3724 of Title 31, involving the sale of assets acquired or held by
Money and Finance] may be cited as the ‘Civil Asset the the 1 Federal Deposit Insurance Corporation,
Forfeiture Reform Act of 2000’.’’ as conservator or receiver for a financial insti-
SHORT TITLE OF 1988 AMENDMENT tution or any other conservator for a financial
institution appointed by the Office of the Comp-
Pub. L. 100–690, title VI, § 6181, Nov. 18, 1988, 102 Stat. troller of the Currency, or the National Credit
4354, provided that: ‘‘This subtitle [subtitle E
Union Administration, as conservator or liqui-
(§§ 6181–6187) of title VI of Pub. L. 100–690, enacting sec-
tions 5325 and 5326 of Title 31, Money and Finance, dating agent for a financial institution, shall
amending sections 1956 and 1957 of this title, sections order that the person forfeit to the United
1730d, 1829b, 1953, 1955, 3403, 3412, 3413, 3417, and 3420 of States any property, real or personal, which rep-
Title 12, Banks and Banking, and sections 5312, 5318, resents or is traceable to the gross receipts ob-
and 5321 of Title 31] may be cited as the ‘Money Laun- tained, directly or indirectly, as a result of such
dering Prosecution Improvements Act of 1988’.’’ violation.
SHORT TITLE OF 1986 AMENDMENT (4) With respect to an offense listed in sub-
section (a)(3) committed for the purpose of exe-
Pub. L. 99–570, title I, § 1351, Oct. 27, 1986, 100 Stat. cuting or attempting to execute any scheme or
3207–18, provided that: ‘‘This subtitle [subtitle H
artifice to defraud, or for obtaining money or
(§§ 1351–1367) of title I of Pub. L. 99–570, enacting this
section, sections 982, 1956, and 1957 of this title and sec- property by means of false or fraudulent state-
tion 5324 of Title 31, Money and Finance, amending sec- ments, pretenses, representations, or promises,
tions 1952, 1961, and 2516 of this title, sections 1464, 1730, the gross receipts of such an offense shall in-
1786, 1817, 1818, 3403, and 3413 of Title 12, Banks and clude any property, real or personal, tangible or
Banking, and sections 5312, 5316 to 5318, 5321, and 5322 of intangible, which is obtained, directly or indi-
Title 31, and enacting provisions set out as notes under rectly, as a result of such offense.
this section, sections 1464 and 1730 of Title 12, and sec- (5) The court, in imposing sentence on a per-
tions 5315 to 5317, 5321, and 5324 of Title 31] may be cited son convicted of a violation or conspiracy to
as the ‘Money Laundering Control Act of 1986’.’’
violate—
SEVERABILITY (A) section 511 (altering or removing motor
Pub. L. 99–570, title I, § 1367, Oct. 27, 1986, 100 Stat. vehicle identification numbers);
3207–39, provided that: ‘‘If any provision of this subtitle
[see Short Title of 1986 Amendment note above] or any 1 So in original.
§ 982 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 286
(B) section 553 (importing or exporting sto- (2) The substitution of assets provisions of
len motor vehicles); subsection 413(p) shall not be used to order a de-
(C) section 2119 (armed robbery of auto- fendant to forfeit assets in place of the actual
mobiles); property laundered where such defendant acted
(D) section 2312 (transporting stolen motor merely as an intermediary who handled but did
vehicles in interstate commerce); or not retain the property in the course of the
(E) section 2313 (possessing or selling a sto- money laundering offense unless the defendant,
len motor vehicle that has moved in interstate in committing the offense or offenses giving rise
commerce); to the forfeiture, conducted three or more sepa-
shall order that the person forfeit to the United rate transactions involving a total of $100,000 or
States any property, real or personal, which rep- more in any twelve month period.
resents or is traceable to the gross proceeds ob- (Added Pub. L. 99–570, title I, § 1366(a), Oct. 27,
tained, directly or indirectly, as a result of such 1986, 100 Stat. 3207–39; amended Pub. L. 100–690,
violation. title VI, §§ 6463(c), 6464, Nov. 18, 1988, 102 Stat.
(6)(A) The court, in imposing sentence on a 4374, 4375; Pub. L. 101–73, title IX, § 963(c), Aug. 9,
person convicted of a violation of, or conspiracy 1989, 103 Stat. 504; Pub. L. 101–647, title XIV,
to violate, section 274(a), 274A(a)(1), or 274A(a)(2) §§ 1401, 1403, title XXV, § 2525(b), Nov. 29, 1990, 104
of the Immigration and Nationality Act or sec- Stat. 4835, 4874; Pub. L. 102–393, title VI, § 638(e),
tion 555, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102–519, title
1546 of this title, or a violation of, or conspiracy I, § 104(b), Oct. 25, 1992, 106 Stat. 3385; Pub. L.
to violate, section 1028 of this title if committed 102–550, title XV, § 1512(c), Oct. 28, 1992, 106 Stat.
in connection with passport or visa issuance or 4058; Pub. L. 103–322, title XXXIII, § 330011(s)(1),
use, shall order that the person forfeit to the Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104–191, title
United States, regardless of any provision of II, § 249(a), (b), Aug. 21, 1996, 110 Stat. 2020; Pub.
State law— L. 104–208, div. C, title II, § 217, Sept. 30, 1996, 110
(i) any conveyance, including any vessel, ve- Stat. 3009–573; Pub. L. 105–184, § 2, June 23, 1998,
hicle, or aircraft used in the commission of 112 Stat. 520; Pub. L. 105–318, § 6(a), Oct. 30, 1998,
the offense of which the person is convicted; 112 Stat. 3010; Pub. L. 106–185, § 18(b), Apr. 25,
and 2000, 114 Stat. 223; Pub. L. 107–56, title III,
(ii) any property real or personal— § 372(b)(2), Oct. 26, 2001, 115 Stat. 339; Pub. L.
(I) that constitutes, or is derived from or is
107–273, div. B, title IV, § 4002(b)(10), Nov. 2, 2002,
traceable to the proceeds obtained directly
116 Stat. 1808; Pub. L. 109–295, title V, § 551(c),
or indirectly from the commission of the of-
Oct. 4, 2006, 120 Stat. 1390; Pub. L. 110–161, div. E,
fense of which the person is convicted; or
title V, § 553(b), Dec. 26, 2007, 121 Stat. 2082; Pub.
(II) that is used to facilitate, or is intended
L. 111–203, title III, § 377(4), July 21, 2010, 124
to be used to facilitate, the commission of
Stat. 1569; Pub. L. 112–127, § 5, June 5, 2012, 126
the offense of which the person is convicted.
Stat. 371.)
(B) The court, in imposing sentence on a per-
son described in subparagraph (A), shall order Editorial Notes
that the person forfeit to the United States all REFERENCES IN TEXT
property described in that subparagraph.
(7) The court, in imposing sentence on a per- Sections 274 and 274A of the Immigration and Nation-
son convicted of a Federal health care offense, ality Act, referred to in subsec. (a)(6)(A), are classified
to sections 1324 and 1324a, respectively, of Title 8,
shall order the person to forfeit property, real or Aliens and Nationality.
personal, that constitutes or is derived, directly
or indirectly, from gross proceeds traceable to AMENDMENTS
the commission of the offense. 2012—Subsec. (a)(2)(B). Pub. L. 112–127 inserted ‘‘555,’’
(8) The court, in sentencing a defendant con- after ‘‘545,’’.
victed of an offense under section 1028, 1029, 1341, 2010—Subsec. (a)(3). Pub. L. 111–203, in concluding
1342, 1343, or 1344, or of a conspiracy to commit provisions, struck out ‘‘Resolution Trust Corporation,’’
such an offense, if the offense involves tele- after ‘‘acquired or held by the’’ and ‘‘or the Office of
marketing (as that term is defined in section Thrift Supervision’’ after ‘‘Office of the Comptroller of
the Currency’’.
2325), shall order that the defendant forfeit to 2007—Subsec. (a)(6)(A). Pub. L. 110–161 substituted
the United States any real or personal prop- ‘‘555’’ for ‘‘554’’ in introductory provisions.
erty— 2006—Subsec. (a)(6)(A). Pub. L. 109–295 inserted ‘‘554,’’
(A) used or intended to be used to commit, before ‘‘1425,’’ in introductory provisions.
to facilitate, or to promote the commission of 2002—Subsec. (a)(8). Pub. L. 107–273 substituted
such offense; and ‘‘court’’ for ‘‘Court’’.
(B) constituting, derived from, or traceable 2001—Subsec. (a)(1). Pub. L. 107–56 struck out ‘‘of sec-
to the gross proceeds that the defendant ob- tion 5313(a), 5316, or 5324 of title 31, or’’ before ‘‘of sec-
tained directly or indirectly as a result of the tion 1956, 1957, or 1960 of this title’’ and struck out at
end ‘‘However, no property shall be seized or forfeited
offense. in the case of a violation of section 5313(a) of title 31 by
(b)(1) The forfeiture of property under this sec- a domestic financial institution examined by a Federal
tion, including any seizure and disposition of bank supervisory agency or a financial institution reg-
the property and any related judicial or admin- ulated by the Securities and Exchange Commission or
a partner, director, or employee thereof.’’
istrative proceeding, shall be governed by the 2000—Subsec. (a)(6). Pub. L. 106–185, § 18(b)(2), (3), des-
provisions of section 413 (other than subsection ignated concluding provisions of subpar. (A) as subpar.
(d) of that section) of the Comprehensive Drug (B), substituted ‘‘The court, in imposing sentence on a
Abuse Prevention and Control Act of 1970 (21 person described in subparagraph (A)’’ for ‘‘The court,
U.S.C. 853). in imposing sentence on such person’’ and ‘‘that sub-
Page 287 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 983
paragraph’’ for ‘‘this subparagraph’’, and struck out ducted three or more separate transactions involving a
former subpar. (B), which read as follows: ‘‘The crimi- total of $100,000 or more in any twelve month period’’.
nal forfeiture of property under subparagraph (A), in- 1989—Subsec. (a). Pub. L. 101–73, § 963(c)(1), designated
cluding any seizure and disposition of the property and existing provisions as par. (1) and added par. (2).
any related administrative or judicial proceeding, shall Subsec. (b). Pub. L. 101–73, § 963(c)(2), struck out ‘‘The
be governed by the provisions of section 413 of the Com- provisions of subsections 413(c) and (e) through (p) of
prehensive Drug Abuse Prevention and Control Act of the Comprehensive Drug Abuse Prevention and Control
1970 (21 U.S.C. 853), other than subsections (a) and (d) of Act of 1970 (21 U.S.C. 853(c) and (e)–(p)) shall apply to
such section 413.’’ property subject to forfeiture under this section, to any
Subsec. (a)(6)(A). Pub. L. 106–185, § 18(b)(1)(A), inserted seizure or disposition thereof, and to any administra-
‘‘section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigra- tive or judicial proceeding in relation thereto, if not in-
tion and Nationality Act or’’ after ‘‘a person convicted consistent with this section. However, the’’, added par.
of a violation of, or conspiracy to violate,’’ in introduc- (1), and inserted ‘‘(2) The’’ before ‘‘substitution of as-
tory provisions. sets’’.
Subsec. (a)(6)(A)(i). Pub. L. 106–185, § 18(b)(1)(B), sub- 1988—Subsec. (a). Pub. L. 100–690, § 6463(c), amended
stituted ‘‘the offense of which the person is convicted’’ subsec. (a) generally. Prior to amendment, subsec. (a)
for ‘‘a violation of, or a conspiracy to violate, sub- read as follows: ‘‘The court, in imposing sentence on a
section (a)’’. person convicted of an offense under section 1956 or 1957
Subsec. (a)(6)(A)(ii)(I), (II). Pub. L. 106–185, of this title shall order that the person forfeit to the
§ 18(b)(1)(C), substituted ‘‘the offense of which the per- United States any property, real or personal, which
son is convicted’’ for ‘‘a violation of, or a conspiracy to represents the gross receipts the person obtained, di-
violate, subsection (a), section 274A(a)(1) or 274A(a)(2) rectly or indirectly, as a result of such offense, or
of the Immigration and Nationality Act, or section which is traceable to such gross receipts.’’
1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this Subsec. (b). Pub. L. 100–690, § 6464, substituted ‘‘(p)’’
title’’. for ‘‘(o)’’ in two places and inserted at end ‘‘However,
1998—Subsec. (a)(6), (7). Pub. L. 105–184, § 2(1)(A), the substitution of assets provisions of subsection
which directed the amendment of subsec. (a) ‘‘by redes- 413(p) not be used to order a defendant to forfeit assets
ignating the second paragraph designated as paragraph in place of the actual property laundered where such
(6) as paragraph (7)’’, was executed by redesignating defendant acted merely as an intermediary who han-
par. (6), relating to forfeitures for Federal health care dled but did not retain the property in the course of the
offenses, as (7), to reflect the probable intent of Con- money laundering offense.’’
gress.
Subsec. (a)(8). Pub. L. 105–184, § 2(1)(B), added par. (8).
Statutory Notes and Related Subsidiaries
Subsec. (b)(1). Pub. L. 105–318 amended par. (1) gen-
erally. Prior to amendment, par. (1) read as follows: EFFECTIVE DATE OF 2010 AMENDMENT
‘‘Property subject to forfeiture under this section, any
seizure and disposition thereof, and any administrative Amendment by Pub. L. 111–203 effective on the trans-
or judicial proceeding in relation thereto, shall be gov- fer date, see section 351 of Pub. L. 111–203, set out as a
erned— note under section 906 of Title 2, The Congress.
‘‘(A) in the case of a forfeiture under subsection
EFFECTIVE DATE OF 2000 AMENDMENT
(a)(1), (a)(6), or (a)(8) of this section, by subsections
(c) and (e) through (p) of section 413 of the Com- Amendment by Pub. L. 106–185 applicable to any for-
prehensive Drug Abuse Prevention and Control Act of feiture proceeding commenced on or after the date that
1970 (21 U.S.C. 853); and is 120 days after Apr. 25, 2000, see section 21 of Pub. L.
‘‘(B) in the case of a forfeiture under subsection 106–185, set out as a note under section 1324 of Title 8,
(a)(2) of this section, by subsections (b), (c), (e), and Aliens and Nationality.
(g) through (p) of section 413 of such Act.’’
Subsec. (b)(1)(A). Pub. L. 105–184, § 2(2), substituted EFFECTIVE DATE OF 1994 AMENDMENT
‘‘(a)(1), (a)(6), or (a)(8)’’ for ‘‘(a)(1) or (a)(6)’’. Pub. L. 103–322, title XXXIII, § 330011(s)(1), Sept. 13,
1996—Subsec. (a)(6). Pub. L. 104–208 added par. (6) re- 1994, 108 Stat. 2145, provided that the amendment made
lating to criminal forfeiture for passport and visa re- by that section is effective as of the date on which sec-
lated offenses. tion 1401 of Pub. L. 101–647 took effect.
Pub. L. 104–191, § 249(a), added par. (6) relating to for-
feitures for Federal health care offenses. § 983. General rules for civil forfeiture pro-
Subsec. (b)(1)(A). Pub. L. 104–191, § 249(b), inserted ‘‘or
(a)(6)’’ after ‘‘(a)(1)’’. ceedings
1994—Subsec. (a)(1). Pub. L. 103–322, § 330011(s)(1), (a) NOTICE; CLAIM; COMPLAINT.—
amended directory language of Pub. L. 101–647, § 1401.
(1)(A)(i) Except as provided in clauses (ii)
See 1990 Amendment note below.
1992—Subsec. (a)(1). Pub. L. 102–550 substituted through (v), in any nonjudicial civil forfeiture
‘‘, 1957, or 1960’’ for ‘‘or 1957’’. proceeding under a civil forfeiture statute,
Subsec. (a)(2). Pub. L. 102–393 amended par. (2) gen- with respect to which the Government is re-
erally. Prior to amendment, par. (2) read as follows: quired to send written notice to interested
‘‘The court, in imposing sentence on a person convicted parties, such notice shall be sent in a manner
of a violation of, or a conspiracy to violate, section 215, to achieve proper notice as soon as prac-
656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this ticable, and in no case more than 60 days after
title, affecting a financial institution, shall order that
the person forfeit to the United States any property
the date of the seizure.
constituting, or derived from, proceeds the person ob- (ii) No notice is required if, before the 60-day
tained directly or indirectly, as the result of such vio- period expires, the Government files a civil ju-
lation.’’ dicial forfeiture action against the property
Subsec. (a)(5). Pub. L. 102–519 added par. (5). and provides notice of that action as required
1990—Subsec. (a)(1). Pub. L. 101–647, § 1401, as amended by law.
by Pub. L. 103–322, § 330011(s)(1), inserted ‘‘, 5316,’’ after (iii) If, before the 60-day period expires, the
‘‘5313(a)’’, the first place appearing.
Government does not file a civil judicial for-
Subsec. (a)(3), (4). Pub. L. 101–647, § 2525(b), added pars.
(3) and (4). feiture action, but does obtain a criminal in-
Subsec. (b)(2). Pub. L. 101–647, § 1403, inserted before dictment containing an allegation that the
period at end ‘‘unless the defendant, in committing the property is subject to forfeiture, the Govern-
offense or offenses giving rise to the forfeiture, con- ment shall either—
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