31 U.S.C. § 5317 : US Code - Section 5317: Search and forfeiture of monetary instruments
Search 31 U.S.C. § 5317 : US Code - Section 5317: Search and forfeiture of monetary instruments
(a) The Secretary of the Treasury may apply to a court of
competent jurisdiction for a search warrant when the Secretary
reasonably believes a monetary instrument is being transported and
a report on the instrument under section 5316 of this title has not
been filed or contains a material omission or misstatement. The
Secretary shall include a statement of information in support of
the warrant. On a showing of probable cause, the court may issue a
search warrant for a designated person or a designated or described
place or physical object. This subsection does not affect the
authority of the Secretary under another law.
(b) Searches at Border. - For purposes of ensuring compliance
with the requirements of section 5316, a customs officer may stop
and search, at the border and without a search warrant, any
vehicle, vessel, aircraft, or other conveyance, any envelope or
other container, and any person entering or departing from the
United States.
(c) Forfeiture. -
(1) Criminal forfeiture. -
(A) In general. - The court in imposing sentence for any
violation of section 5313, 5316, or 5324 of this title, or any
conspiracy to commit such violation, shall order the defendant
to forfeit all property, real or personal, involved in the
offense and any property traceable thereto.
(B) Procedure. - Forfeitures under this paragraph shall be
governed by the procedures established in section 413 of the
Controlled Substances Act.
(2) Civil forfeiture. - Any property involved in a violation of
section 5313, 5316, or 5324 of this title, or any conspiracy to
commit any such violation, and any property traceable to any such
violation or conspiracy, may be seized and forfeited to the
United States in accordance with the procedures governing civil
forfeitures in money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code.
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