21 U.S.C. § 852 — Application of treaties and other inter-

Page 860 TITLE 21—FOOD AND DRUGS § 852 which occurred more than five years before the date of the information alleging such prior con- viction. (Pub. L. 91–513, title II, § 411, Oct. 27, 1970, 84 Stat. 1269.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 852. Application of treaties and other inter- national agreements Nothing in the Single Convention on Narcotic Drugs, the Convention on Psychotropic Sub- stances, or other treaties or international agree- ments shall be construed to limit the provision of treatment, education, or rehabilitation as al- ternatives to conviction or criminal penalty for offenses involving any drug or other substance subject to control under any such treaty or agreement. (Pub. L. 91–513, title II, § 412, as added Pub. L. 95–633, title I, § 107(a), Nov. 10, 1978, 92 Stat. 3773.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on date the Convention on Psycho- tropic Substances enters into force in the United States [July 15, 1980], see section 112 of Pub. L. 95–633, set out as a note under section 801a of this title. § 853. Criminal forfeitures (a) Property subject to criminal forfeiture Any person convicted of a violation of this subchapter or subchapter II punishable by im- prisonment for more than one year shall forfeit to the United States, irrespective of any provi- sion of State law— (1) any property constituting, or derived from, any proceeds the person obtained, di- rectly or indirectly, as the result of such vio- lation; (2) any of the person’s property used, or in- tended 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 en- gaging in a continuing criminal enterprise in violation of section 848 of this title, the person shall forfeit, in addition to any property de- scribed in paragraph (1) or (2), any of his inter- est in, claims against, and property or con- tractual 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 sub- chapter 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 prop- erty, including rights, privileges, interests, claims, and securities. (c) Third party transfers All right, title, and interest in property de- scribed in subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the sub- ject of a special verdict of forfeiture and there- after shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (n) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. (d) Rebuttable presumption There is a rebuttable presumption at trial that any property of a person convicted of a felony under this subchapter or subchapter II is subject to forfeiture under this section if the United States establishes by a preponderance of the evi- dence that— (1) such property was acquired by such per- son during the period of the violation of this subchapter or subchapter II or within a rea- sonable time after such period; and (2) there was no likely source for such prop- erty other than the violation of this sub- chapter or subchapter II. (e) Protective orders (1) Upon application of the United States, the court may enter a restraining order or injunc- tion, require the execution of a satisfactory per- formance bond, or take any other action to pre- serve the availability of property described in subsection (a) for forfeiture under this section— (A) upon the filing of an indictment or infor- mation charging a violation of this subchapter or subchapter II for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of convic- tion, be subject to forfeiture under this sec- tion; or (B) prior to the filing of such an indictment or information, if, after notice to persons ap- pearing to have an interest in the property and opportunity for a hearing, the court deter- mines that— (i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (ii) the need to preserve the availability of the property through the entry of the re- quested order outweighs the hardship on any party against whom the order is to be en- tered: Provided, however, That an order entered pursu- ant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the