18 U.S.C. § 1963 — Criminal penalties

(a) Anyone who violates 18 U.S.C. § 1962 may be fined under this title, imprisoned for up to 20 years, or both. If the violation is based on racketeering activity carrying a possible life sentence, imprisonment may be for life. The person must forfeit to the United States, regardless of State law: (1) any interest acquired or kept in violation of section 1962; (2) any interest in, security of, claim against, or property or contract right that gives influence over an enterprise the person established, operated, controlled, conducted, or helped conduct in violation of section 1962; and (3) property that is, or comes from, proceeds obtained directly or indirectly from racketeering activity or unlawful debt collection in violation of section 1962. At sentencing, the court must order this forfeiture in addition to other sentences. Instead of another authorized fine, a defendant who gains profits or other proceeds may be fined up to twice the gross profits or proceeds. (b) Forfeitable property includes real property, including things growing on, attached to, or found in land, and tangible or intangible personal property, including rights, privileges, interests, claims, and securities. (c) The United States obtains all right, title, and interest in property described in subsection (a) when the act causing forfeiture is committed. If the property is later transferred to someone other than the defendant, the court may enter a special forfeiture verdict and order forfeiture unless the transferee proves in a subsection (l) hearing that the transferee paid value and reasonably lacked cause to know the property was forfeitable. (d)(1) On the United States’ application, the court may issue a restraining order or injunction, require a satisfactory performance bond, or take other steps to preserve property for forfeiture. It may do so after an indictment or information charges a section 1962 violation and alleges that the property would be forfeitable on conviction. Before filing, it may do so after notice and a hearing if there is a substantial probability the United States will prevail on forfeiture, failure to act would destroy, remove, or otherwise make the property unavailable, and preservation outweighs hardship. A pre-filing order lasts no more than 90 days unless extended for good cause or until the charging document is filed. (2) Before a charging document is filed, the court may issue a temporary restraining order without notice or hearing if the United States shows probable cause that the property would be forfeitable on conviction and notice would endanger its availability. The order expires within 14 days unless extended for good cause or by consent. A requested hearing must occur as soon as possible and before expiration. (3) At a hearing under this subsection, the court may consider evidence or information inadmissible under the Federal Rules of Evidence. (e) After conviction, the court must enter a forfeiture judgment and authorize the Attorney General to seize the ordered property under court-set terms. After forfeiture is declared, the court may, on the United States’ application, issue protective orders, require bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take other steps to protect the United States’ interest. Income from a forfeited enterprise or enterprise interest may pay ordinary and necessary expenses required by law or needed to protect the United States or third parties. (f) After seizure, the Attorney General directs disposition by sale or another commercially feasible method, while providing for innocent persons’ rights. A property right or interest that the United States cannot exercise or take for value expires and does not return to the defendant. The defendant and anyone acting with or for the defendant may not buy forfeited property at a United States sale. A non-defendant applicant may ask the court to delay or stop sale pending appeal by showing irreparable injury, harm, or loss. Sale proceeds and forfeited money must first pay proper forfeiture and sale expenses, including seizure, care, custody, advertising, and court costs. The Attorney General deposits the remainder in the Treasury. (g) Forfeited property: the Attorney General may mitigate or remit forfeiture, restore property to victims, or take other justice-consistent steps protecting innocent people; compromise claims; pay people who supplied information leading to forfeiture; direct public-sale or other commercially feasible disposition while protecting innocent people; and safeguard and maintain the property pending disposition. (h) The Attorney General may issue regulations about notice, remission or mitigation, restitution to victims, disposition, maintenance and safekeeping, and compromise of claims. Until regulations exist, applicable and consistent customs-forfeiture laws govern disposition, sale proceeds, remission or mitigation, claim compromise, and informer awards. Duties assigned under customs law to the Customs Service are performed under this chapter by the Attorney General. (i) Except as subsection (l) allows, a person claiming an interest in forfeitable property may not intervene in the criminal trial or appeal or bring a legal or equitable action against the United States about the interest after the indictment or information alleges forfeiture. (j) United States district courts may enter orders under this section regardless of where the property is located. (k) To help locate or identify forfeited property and decide remission or mitigation petitions, after a forfeiture order the court may order, on the United States’ application, a witness’s deposition about the property and production of nonprivileged books, papers, documents, records, recordings, or other material, using the process in Rule 15 of the Federal Rules of Criminal Procedure. (l)(1) After forfeiture, the United States must publish notice of the order and its intent to dispose of the property as the Attorney General directs. When practical, direct written notice may replace publication for people known to claim an interest. (2) A non-defendant claiming a legal interest may petition within 30 days after final publication or receipt of notice, whichever is earlier, for a court hearing. The judge alone, without a jury, holds the hearing. (3) The petition must be signed under penalty of perjury and state the nature and extent of the claimed right, title, or interest; when and how it was acquired; supporting facts; and requested relief. (4) When practical and consistent with justice, the hearing should occur within 30 days after filing. The court may combine it with other third-party hearings. (5) The petitioner may testify, present evidence and witnesses, and cross-examine witnesses. The United States may present rebuttal and defense evidence and witnesses and cross-examine witnesses. The court must also consider relevant parts of the criminal-case record. (6) If the petitioner proves by a preponderance of the evidence either that the petitioner’s legal right, title, or interest was vested in the petitioner or was superior to the defendant’s at the time of the forfeiture-causing acts, making the forfeiture invalid in whole or part, or that the petitioner was a value-paying bona fide purchaser who reasonably lacked cause to know of forfeiture, the court must amend the forfeiture order accordingly. (7) After all petitions are decided, or after the filing period ends with none filed, the United States has clear title and may warrant good title to a later buyer or transferee. (m) If, because of the defendant’s act or omission, forfeitable property cannot be found with due diligence; was transferred, sold, or deposited with a third party; was put beyond the court’s jurisdiction; substantially lost value; or was mixed with other property that cannot readily be divided, the court must order forfeiture of other defendant property up to the value of the affected property.