18 U.S.C. § 982 : US Code - Section 982: Criminal forfeiture

Search 18 U.S.C. § 982 : US Code - Section 982: Criminal forfeiture

(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
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.