18 U.S.C. § 2328 — Mandatory forfeiture
submitted 9 years ago by Pub. L. 115-70 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 129 words · no verdicts yet
For an offense covered by section 2326’s enhanced penalty, the court must order forfeiture of specified proceeds and crime-related equipment. The listed Controlled Substances Act procedures and Rule 32.2 govern the proceeding.
(a) The sentencing court must order forfeiture to the United States of (1) real or personal property constituting or traceable to gross proceeds of the offense and (2) equipment, software, or other technology used or intended to commit or facilitate it. (b) The procedures in section 413 of the Controlled Substances Act, except subsection (d), and Rule 32.2 of the Federal Rules of Criminal Procedure apply at every stage of the criminal forfeiture proceeding.
The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—
any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.
Source credit: (Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)
- 2017Enacted · Pub. L. 115-70 · 131 Stat. 1214
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-70 on 2017-10-18.
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