Notes on 18 U.S.C. § 1963 : US Code - Notes

Search Notes on 18 U.S.C. § 1963 : US Code - Notes

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
Stat. 943; amended Pub. L. 98-473, title II, Secs. 302, 2301(a)-
(c), Oct. 12, 1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I,
Sec. 1153(a), Oct. 27, 1986, 100 Stat. 3207-13; Pub. L. 99-646,
Sec. 23, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-690, title VII,
Secs. 7034, 7058(d), Nov. 18, 1988, 102 Stat. 4398, 4403; Pub. L.
101-647, title XXXV, Sec. 3561, Nov. 29, 1990, 104 Stat. 4927.)
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (d)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647 substituted "or both" for "or
both." in introductory provisions.
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7058(d), substituted
"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." for "shall be fined not more than $25,000 or imprisoned
not more than twenty years, or both".
Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034, redesignated
former subsec. (n) as (m) and substituted "act or omission" for
"act of omission".
1986 - Subsecs. (c) to (m). Pub. L. 99-646 substituted "(l)" for
"(m)" in subsec. (c), redesignated subsecs. (e) to (m) as (d) to
(l), respectively, and substituted "(l)" for "(m)" in subsec. (i)
as redesignated.
Subsec. (n). Pub. L. 99-570 added subsec. (n).
1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(a), inserted "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." following
par. (3).
Pub. L. 98-473, Sec. 302, amended subsec. (a) generally,
designating existing provisions as pars. (1) and (2), inserting
par. (3), and provisions following par. (3) relating to power of
the court to order forfeiture to the United States.
Subsec. (b). Pub. L. 98-473, Sec. 302, amended subsec. (b)
generally, substituting provisions relating to property subject to
forfeiture, for provisions relating to jurisdiction of the district
courts of the United States.
Subsec. (c). Pub. L. 98-473, Sec. 302, amended subsec. (c)
generally, substituting provisions relating to transfer of rights,
etc., in property to the United States, or to other transferees,
for provisions relating to seizure and transfer of property to the
United States and procedures related thereto.
Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck out subsec. (d)
which provided: "If any of the property described in subsection
(a): (1) cannot be located; (2) has been transferred to, 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 by any act or omission of the defendant; 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)."
Pub. L. 98-473, Sec. 302, added subsec. (d).
Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302, added subsecs. (d)
to (m).
Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c), struck out "for at
least seven successive court days" after "dispose of the property".
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.