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all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs. The Attorney General shall deposit in the Treasury any amounts of such proceeds or moneys remaining after the payment of such expenses.
(g) With respect to property ordered forfeited under this section, the Attorney General is authorized to
(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information resulting in a forfeiture under this section;
(4) direct the disposition by the United States of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provi. sion for the rights of innocent persons; and
(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition.
(h) The Attorney General may promulgate regulations with respect to
(1) making reasonable efforts to provide notice to persons who may have an interest in property ordered forfeited under this section;
(2) granting petitions for remission or mitigation of forfeiture;
(3) the restitution of property to victims of an offense petitioning for remission or mitigation of forfeiture under this chapter;
(4) the disposition by the United States of forfeited property by public sale or other commercially feasible means;
(5) the maintenance and safekeeping of any property forfeited under this section pending its disposition; and
(6) the compromise of claims arising under this chapter. Pending the promulgation of such regulations, all provisions of law relating to the disposition of property, or the proceeds from the sale thereof, or the remission or mitigation of forfeitures for violation of the customs laws, and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. Such duties as are imposed upon the Customs Service or any person with respect to the disposition of property under the customs law shall be performed under this chapter by the Attorney General.
(i) Except as provided in subsection (1), no party claiming an interest in property subject to forfeiture under this section may
(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or
(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section.
(j) The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section.
(k) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure.
(1)(1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
(2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury.
(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought.
(4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall con sider the relevant portions of the record of the criminal case which resulted in the order of forfeiture.
(6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that
(A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or
(B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this
section; the court shall amend the order of forfeiture in accordance with its determination.
(7) Following the court's disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee.
(m) If any of the property described in subsection (a), as a result of any act or omission of the defendant,
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). (Added Pub. L. 91-452, title IX, $ 901(a), Oct. 15, 1970, 84 Stat. 943, and amended Pub. L. 98-473, title II, $$ 302, 2301(a)-(c), Oct. 12, 1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I, $ 1153(a), Oct. 27, 1986, 100 Stat. 3207-13; Pub. L. 99-646, $ 23, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-690, title VII, 88 7034, 7058(d), Nov. 18, 1988, 102 Stat. 4398, 4403.)
REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
AMENDMENTS 1988–Subsec. (a). Pub. L. 100-690, $ 7058(d), substituted "shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based
on a racketeering activity for which the maximum penalty includes life imprisonment), or both." for "shall be fined not more than $25,000 or imprisoned not more than twenty years, or both".
Subsecs. (m), (n). Pub. L. 100-690, $ 7034, redesignated former subsec. (n) as (m) and substituted "act or omission” for "act of omission”.
1986–Subsecs. (c) to (m). Pub. L. 99-646 substituted "(1)" for "(m)" in subsec. (c), redesignated subsecs. (e) to (m) as (d) to (l), respectively, and substituted “(l)" for “(m)” in subsec. (i) as redesignated. Subsec. (n). Pub. L. 99-570 added subsec. (n).
1984–Subsec. (a). Pub. L. 98-473, $ 2301(a), inserted "In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds." following par. (3).
Pub. L. 98-473, $ 302, amended subsec. (a) generally, designating existing provisions as pars. (1) and (2), inserting par. (3), and provisions following par. (3) relating to power of the court to order forfeiture to the United States.
Subsec. (b). Pub. L. 98-473, § 302, amended subsec. (b) generally, substituting provisions relating to property subject to forfeiture, for provisions relating to jurisdiction of the district courts of the United States.
Subsec. (c). Pub. L. 98-473, 8 302, amended subsec. (c) generally, substituting provisions relating to transfer of rights, etc., in property to the United States, or to other transferees, for provisions relating to seizure and transfer of property to the United States and procedures related thereto.
Subsec. (d). Pub. L. 98-473, $ 2301(b), struck out subsec. (d) which provided: “If any of the property described in subsection (a): (1) cannot be located; (2) has been transferred to, sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value by any act or omission of the defendant; or (5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).”
Pub. L. 98-473, $ 302, added subsec. (d).
Subsecs. (e) to (m). Pub. L. 98-473, 8 302, added subsecs. (d) to (m).
Subsec. (m)(1). Pub. L. 98-473, & 2301(c), struck out "for at least seven successive court days" after “dispose of the property".
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 3554 of this title; title 50 App. section 2410.
8 1964. Civil remedies
(a) The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 1962 of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the accept
ance of satisfactory performance bonds, as it 8 1966. Expedition of actions
In any civil action instituted under this chapproperty by reason of a violation of section
ter by the United States in any district court of 1962 of this chapter may sue therefor in any
the United States, the Attorney General may appropriate United States district court and
file with the clerk of such court a certificate shall recover threefold the damages he sustains
stating that in his opinion the case is of general and the cost of the suit, including a reasonable
public importance. A copy of that certificate attorney's fee.
shall be furnished immediately by such clerk to (d) A final judgment or decree rendered in the chief judge or in his absence to the presidfavor of the United States in any criminal pro ing district judge of the district in which such ceeding brought by the United States under action is pending. Upon receipt of such copy, this chapter shall estop the defendant from de- such judge shall designate immediately a judge nying the essential allegations of the criminal of that district to hear and determine action. offense in any subsequent civil proceeding (Added Pub. L. 91-452. title IX. & 901(a), Oct. brought by the United States.
15, 1970, 84 Stat. 944, and amended Pub. L. (Added Pub. L. 91-452, title IX, $ 901(a), Oct. 98-620, title IV, $ 402(24)(B), Nov. 8, 1984, 98 15, 1970, 84 Stat. 943, and amended Pub. L. Stat. 3359.) 98-620. title IV, § 402(24)(A), Nov. 8, 1984, 98 Stat. 3359.)
1984–Pub. L. 98-620 struck out provision that the
judge so designated had to assign such action for hear. 1984–Subsec. (b). Pub. L. 98-620 struck out provi
ing as soon as practicable, participate in the hearings sion that in any action brought by the United States and determination thereof, and cause such action to under this section, the court had to proceed as soon as be expedited in every way. practicable to the hearing and determination thereof. EFFECTIVE DATE OF 1984 AMENDMENT
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub.
cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under sec
L. 98-620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
tion 1657 of Title 28, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS
8 1967. Evidence This section is referred to in section 1965 of this
In any proceeding ancillary to or in any civil title.
action instituted by the United States under 8 1965. Venue and process
this chapter the proceedings may be open or
closed to the public at the discretion of the (a) Any civil action or proceeding under this court after consideration of the rights of affectchapter against any person may be instituted in
ed persons. the district court of the United States for any district in which such person resides, is found,
(Added Pub. L. 91-452, title IX, $ 901(a), Oct. has an agent, or transacts his affairs.
15, 1970, 84 Stat. 944.) (b) In any action under section 1964 of this
8 1968. Civil investigative demand chapter in any district court of the United States in which it is shown that the ends of jus (a) Whenever the Attorney General has tice require that other parties residing in any reason to believe that any person or enterprise other district be brought before the court, the may be in possession, custody, or control of any court may cause such parties to be summoned, documentary materials relevant to a racketeerand process for that purpose may be served in ing investigation, he may, prior to the instituany judicial district of the United States by the tion of a civil or criminal proceeding thereon, marshal thereof.
issue in writing, and cause to be served upon (c) In any civil or criminal action or proceed
such person, a civil investigative demand requiring instituted by the United States under this ing such person to produce such material for chapter in the district court of the United examination. States for any judicial district, subpenas issued (b) Each such demand shallby such court to compel the attendance of wit
(1) state the nature of the conduct constinesses may be served in any other judicial dis tuting the alleged racketeering violation trict, except that in any civil action or proceed which is under investigation and the proviing no such subpena shall be issued for service
sion of law applicable thereto; upon any individual who resides in another dis
(2) describe the class or classes of documentrict at a place more than one hundred miles
tary material produced thereunder with such from the place at which such court is held
definiteness and certainty as to permit such without approval given by a judge of such court
material to be fairly identified; upon a showing of good cause.
(3) state that the demand is returnable (d) All other process in any action or proceed
forthwith or prescribe a return date which ing under this chapter may be served on any
will provide a reasonable period of time person in any judicial district in which such
within which the material so demanded may person resides, is found, has an agent, or trans
be assembled and made available for inspecacts his affairs.
tion and copying or reproduction; and (Added Pub. L. 91-452, title IX, $ 901(a), Oct. (4) identify the custodian to whom such ma15, 1970, 84 Stat. 944.)
terial shall be made available.
(c) No such demand shall
than the Attorney General. Under such reason(1) contain any requirement which would be able terms and conditions as the Attorney Genheld to be unreasonable if contained in a sub- eral shall prescribe, documentary material pena duces tecum issued by a court of the while in the possession of the custodian shall United States in aid of a grand jury investiga be available for examination by the person who tion of such alleged racketeering violation; or produced such material or any duly authorized
(2) require the production of any documen- representatives of such person. tary evidence which would be privileged from (4) Whenever any attorney has been designatdisclosure if demanded by a subpena duces ed to appear on behalf of the United States tecum issued by a court of the United States before any court or grand jury in any case or in aid of a grand jury investigation of such al proceeding involving any alleged violation of leged racketeering violation.
this chapter, the custodian may deliver to such (d) Service of any such demand or any peti
attorney such documentary material in the postion filed under this section may be made upon
session of the custodian as such attorney detera person by
mines to be required for use in the presentation (1) delivering a duly executed copy thereof
of such case or proceeding on behalf of the to any partner, executive officer, managing
United States. Upon the conclusion of any such agent, or general agent thereof, or to any
case or proceeding, such attorney shall return agent thereof authorized by appointment or
to the custodian any documentary material so by law to receive service of process on behalf
withdrawn which has not passed into the conof such person, or upon any individual
trol of such court or grand jury through the inperson;
troduction thereof into the record of such case (2) delivering a duly executed copy thereof or proceeding. to the principal office or place of business of (5) Upon the completion ofthe person to be served; or
(i) the racketeering investigation for which (3) depositing such copy in the United any documentary material was produced States mail, by registered or certified mail under this chapter, and duly addressed to such person at its principal (ii) any case or proceeding arising from office or place of business.
such investigation, the custodian shall return (e) A verified return by the individual serving
to the person who produced such material all
such material other than copies thereof made any such demand or petition setting forth the manner of such service shall be prima facie
by the Attorney General pursuant to this
subsection which has not passed into the conproof of such service. In the case of service by
trol of any court or grand jury through the registered or certified mail, such return shall be
introduction thereof into the record of such accompanied by the return post office receipt of delivery of such demand.
case or proceeding. (f)(1) The Attorney General shall designate a (6) When any documentary material has been racketeering investigator to serve as racketeer produced by any person under this section for document custodian, and such additional rack use in any racketeering investigation, and no eteering investigators as he shall determine such case or proceeding arising therefrom has from time to time to be necessary to serve as been instituted within a reasonable time after deputies to such officer.
completion of the examination and analysis of (2) Any person upon whom any demand
all evidence assembled in the course of such inissued under this section has been duly served vestigation, such person shall be entitled, upon shall make such material available for inspec
written demand made upon the Attorney Gention and copying or reproduction to the custodi
eral, to the return of all documentary material an designated therein at the principal place of other than copies thereof made pursuant to business of such person, or at such other place
this subsection so produced by such person. as such custodian and such person thereafter (7) In the event of the death, disability, or may agree and prescribe in writing or as the
separation from service of the custodian of any court may direct, pursuant to this section on
documentary material produced under any the return date specified in such demand, or on
demand issued under this section or the official such later date as such custodian may prescribe
relief of such custodian from responsibility for in writing. Such person may upon written the custody and control of such material, the agreement between such person and the custo
Attorney General shall promptlydian substitute for copies of all or any part of (i) designate another racketeering investigasuch material originals thereof.
tor to serve as custodian thereof, and (3) The custodian to whom any documentary
(ii) transmit notice in writing to the person material is so delivered shall take physical pos
who produced such material as to the identity session thereof, and shall be responsible for the
and address of the successor so designated. use made thereof and for the return thereof pursuant to this chapter. The custodian may Any successor so designated shall have with cause the preparation of such copies of such regard to such materials all duties and responsidocumentary material as may be required for bilities imposed by this section upon his predeofficial use under regulations which shall be cessor in office with regard thereto, except that promulgated by the Attorney General. While in he shall not be held responsible for any default the possession of the custodian, no material so or dereliction which occurred before his desigproduced shall be available for examination, nation as custodian. without the consent of the person who pro- (g) Whenever any person fails to comply with duced such material, by any individual other any civil investigative demand duly served upon him under this section or whenever satisfactory
CROSS REFERENCES copying or reproduction of any such material
Wire or oral communications, authorization for cannot be done and such person refuses to sur interception, to provide evidence of murder or robrender such material, the Attorney General bery, see section 2516 of this title. may file, in the district court of the United States for any judicial district in which such
CHAPTER REFERRED TO IN OTHER SECTIONS person resides, is found, or transacts business,
This chapter is referred to in section 35 of this title. and serve upon such person a petition for an order of such court for the enforcement of this8 1991. Entering train to commit crime section, except that if such person transacts
Whoever, in any Territory or District, or business in more than one such district such petition shall be filed in the district in which such
within or upon any place within the exclusive person maintains his principal place of busi
jurisdiction of the United States, willfully and ness, or in such other district in which such
maliciously trespasses upon or enters upon any person transacts business as may be agreed
railroad train, railroad car, or railroad locomoupon by the parties to such petition.
tive, with the intent to commit murder or rob(h) Within twenty days after the service of
bery, shall be fined not more than $5,000 or imany such demand upon any person, or at any
prisoned not more than twenty years, or both. time before the return date specified in the
Whoever, within such jurisdiction, willfully demand, whichever period is shorter, such
and maliciously trespasses upon or enters upon person may file, in the district court of the
any railroad train, railroad car, or railroad locoUnited States for the judicial district within
motive, with intent to commit any unlawful viowhich such person resides, is found, or trans lence upon or against any passenger on said acts business, and serve upon such custodian a
train, or car, or upon or against any engineer, petition for an order of such court modifying or
conductor, fireman, brakeman, or any officer or setting aside such demand. The time allowed employee connected with said locomotive, train, for compliance with the demand in whole or in or car, or upon or against any express messenpart as deemed proper and ordered by the court ger or mail agent on said train or in any car shall not run during the pendency of such peti- thereof, or to commit any crime or offense tion in the court. Such petition shall specify against any person or property thereon, shall each ground upon which the petitioner relies in
be fined not more than $1,000 or imprisoned seeking such relief, and may be based upon any not more than one year, or both. failure of such demand to comply with the pro Upon the trial of any person charged with visions of this section or upon any constitution any offense set forth in this section, it shall not al or other legal right or privilege of such be necessary to set forth or prove the particular person.
person against whom it was intended to commit (i) At any time during which any custodian is the offense, or that it was intended to commit in custody or control of any documentary mate such offense against any particular person. rial delivered by any person in compliance with
(June 25, 1948, ch. 645, 62 Stat. 794.) any such demand, such person may file, in the district court of the United States for the judi
HISTORICAL AND REVISION NOTES cial district within which the office of such custodian is situated, and serve upon such custodi
Based on title 18, U.S.C., 1940 ed., 8522 (Mar. 4,
1909, ch. 321, $ 322, 35 Stat. 1150). an a petition for an order of such court requir
After the word “Whoever" the following was inserting the performance by such custodian of any
ed: "in any Territory or District, or within or upon any duty imposed upon him by this section.
place within the exclusive jurisdiction of the United (j) Whenever any petition is filed in any dis- States” as based upon the express provisions of title trict court of the United States under this sec. 18, U.S.C., 1940 ed., $ 511, wherein this section is made tion, such court shall have jurisdiction to hear
applicable only "in any Territory or District, or within and determine the matter so presented, and to
or upon any place within the exclusive jurisdiction of
the United States." enter such order or orders as may be required
Words “whoever shall counsel, aid, abet, or assist in to carry into effect the provisions of this sec
the perpetration of any of the offenses set forth in tion.
this section shall be deemed to be a principal therein" (Added Pub. L. 91-452, title IX, 8 901(a), Oct.
were omitted as unnecessary. Such persons are made 15, 1970, 84 Stat. 944.)
principals by section 2 of this title.
Minor changes also were made in phraseology.
Applicability of section to Canal Zone, see section 14
of this title. 1992. Wrecking trains. HISTORICAL AND REVISION NOTES
CROSS REFERENCES This chapter does not include motor busses, inter Destruction of property moving in commerce, see state trucking facilities or airplanes within the protec- sections 1281 and 1282 of Title 15, Commerce and tion of existing law. Motor busses and trucks already Trade, carry a huge amount of interstate commerce. It is rea Larceny, etc., of goods from railroad car or station, sonable to presume that much interstate freight and see section 659 of this title. express will soon be carried by air.
Railroad car entered or seal broken, see section 2117 Attention is directed to the consideration of the ex of this title. tension of the laws now applicable only to railroads to Wire or oral communications, authorization for these other interstate facilities. 80th Congress House interception, to provide evidence of murder or robReport No. 304.
bery, see section 2516 of this title.