18 U.S.C. § 2428 — Forfeitures
submitted 20 years ago by Pub. L. 109-164 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 201 words · no verdicts yet
When sentencing someone convicted under this chapter, the court must order forfeiture of property used or intended for the offense and property made from its proceeds. Certain property has no property right that can be claimed, and the civil-forfeiture rules in chapter 46 apply to seizures and civil forfeitures under this subsection.
(a) In general. When sentencing a person convicted of violating this chapter, the court must order, in addition to any other sentence and regardless of State law, that the person forfeit to the United States—
(1) the person’s interest in any real or personal property used or intended to be used to commit or help commit the violation; and
(2) any real or personal property that is, or comes from, proceeds the person obtained directly or indirectly because of the violation.
(b) Property subject to forfeiture.
(1) In general. The following property is subject to forfeiture to the United States, and no property right exists in it:
(A) Any real or personal property used or intended to be used to commit or help commit a violation of this chapter.
(B) Any real or personal property that consists of, or comes from, proceeds traceable to a violation of this chapter.
(2) Applicability of chapter 46. The provisions of chapter 46 of this title concerning civil forfeitures apply to any seizure or civil forfeiture under this subsection.
The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.
The following shall be subject to forfeiture to the United States and no property right shall exist in them:
Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.
The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.
Source credit: (Added Pub. L. 109–164, title I, § 103(d)(1), Jan. 10, 2006, 119 Stat. 3563.)
- 2006Enacted · Pub. L. 109-164 · 119 Stat. 3563
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-164 on 2006-01-10.
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