18 U.S.C. § 934 — Forfeiture and fines

submitted 4 years ago by Pub. L. 117-159 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 203 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person convicted under sections 932 or 933 forfeits proceeds and property used or intended for the offense. A court may also impose a fine based on twice the offense’s gross proceeds.

(a)(1) A person convicted under section 932 or 933 must forfeit to the United States, despite state law: (A) property that is, or came from, proceeds obtained directly or indirectly from the violation; and (B) the person’s property used or intended to be used to commit or facilitate it. For a firearm or ammunition forfeiture, section 924(d) applies. (2) The sentencing court must order this forfeiture in addition to other punishment. (b) If the defendant received profits or other proceeds, the fine may be the greater of the fine otherwise authorized by this part or twice the offense’s gross profits or other proceeds.

the actual law source: uscode.house.gov ↗public domain

(a)Forfeiture.—

(1)In general.—

Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law—

(A)

any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(B)

any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply.

(2)Imposition.—

The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1).

(b)Fines.—

A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of—

(1)

the fine otherwise authorized by this part; or

(2)

the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.

Source credit: (Added Pub. L. 117–159, div. A, title II, § 12004(a)(1), June 25, 2022, 136 Stat. 1327.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-159 · 136 Stat. 1327

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-159 on 2022-06-25.

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