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18 U.S.C. § 3554 — Order of criminal forfeiture

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3554 — Order of criminal forfeiture

The court, in imposing a sentence on a defendant who has been found guilty of an offense described in [section 1962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1962&num=0&edition=prelim) or in title II or III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall order, in addition to the sentence that is imposed pursuant to the provisions of section 3551, that the defendant forfeit property to the United States in accordance with the provisions of [section 1963 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1963&num=0&edition=prelim) or section 413 of the Comprehensive Drug Abuse and Control Act of 1970.

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Source location: Title 18, Chapter 227, § 3554; chapter-227-sentences.md

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 853 — Criminal forfeitures

**(a) Property subject to criminal forfeiture** Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law— (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; (2) 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; and (3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of [section 848 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848&num=0&edition=prelim), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. **(b) Meaning of term “property”** Property subject to criminal forfeiture under this section includes— (1) real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. **(c) Third party transfers** All right, title, and inter

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3551 — Authorized sentences

**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case. **(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; (2) a fine as authorized by subchapter C; or (3) a term of imprisonment as authorized by subchapter D. A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection. **(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to— (1) a term of probation as authorized by subchapter B; or (2) a fine as authorized by subchapter C. A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1962 — Prohibited activities

**(a)** It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer. **(b)** It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. **(c)** It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s af

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1963 — Criminal penalties

**(a)** Whoever violates any provision of section 1962 of this chapter 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, and shall forfeit to the United States, irrespective of any provision of State law— (1) any interest the person has acquired or maintained in violation of section 1962; (2) any— (A) interest in; (B) security of; (C) claim against; or (D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and (3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. 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. **(b)** Property subject to criminal forfeiture under this section includes— (1) real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. **(c)** All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeit

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2461 — Mode of recovery

**(a)** Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. **(b)** Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. **(c)** If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 11 So in original. the Federal Rules of Criminal Procedure and [section 3554 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3554&num=0&edition=prelim), United States Code. The procedures in section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)) apply to all stages of a criminal forfeiture proceeding, except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of such Act.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3554 — Order of criminal forfeiture

Page 802 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3554 ‘‘(D) to ensure that Department of Justice attor- neys promptly notify the designated Department of Justice component in Washington concerning such adverse sentencing decisions; and ‘‘(E) to ensure the vigorous pursuit of appropriate and meritorious appeals of such adverse decisions. ‘‘(2) REPORT REQUIRED.— ‘‘(A) IN GENERAL.—Not later than 15 days after a district court’s grant of a downward departure in any case, other than a case involving a downward depar- ture for substantial assistance to authorities pursu- ant to section 5K1.1 of the United States Sentencing Guidelines, the Attorney General shall submit a re- port to the Committees on the Judiciary of the House of Representatives and the Senate containing the in- formation described under subparagraph (B). ‘‘(B) CONTENTS.—The report submitted pursuant to subparagraph (A) shall set forth— ‘‘(i) the case; ‘‘(ii) the facts involved; ‘‘(iii) the identity of the district court judge; ‘‘(iv) the district court’s stated reasons, whether or not the court provided the United States with advance notice of its intention to depart; and ‘‘(v) the position of the parties with respect to the downward departure, whether or not the United States has filed, or intends to file, a motion for re- consideration. ‘‘(C) APPEAL OF THE DEPARTURE.—Not later than 5 days after a decision by the Solicitor General regard- ing the authorization of an appeal of the departure, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Rep- resentatives and the Senate that describes the deci- sion of the Solicitor General and the basis for such decision. ‘‘(3) EFFECTIVE DATE.—Paragraph (2) shall take effect on the day that is 91 days

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