18 U.S.C. § 3681 — Order of special forfeiture

Page 876 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3681 Editorial Notes AMENDMENTS 1986—Pub. L. 99–646 redesignated pars. (a) to (c) as (1) to (3), respectively, and inserted ‘‘the term’’ after ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 2(b), Nov. 10, 1986, 100 Stat. 3592, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the taking effect of section 3673 of title 18, United States Code [Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. CHAPTER 232A—SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME Sec. 3681. Order of special forfeiture. 3682. Notice to victims of order of special for- feiture. Editorial Notes AMENDMENTS 1986—Pub. L. 99–646, § 41(b), (c), Nov. 10, 1986, 100 Stat. 3600, renumbered chapter 232 (relating to special for- feiture of collateral profits of crime) as chapter 232A, and renumbered items 3671 and 3672 as items 3681 and 3682, respectively. § 3681. Order of special forfeiture (a) Upon the motion of the United States at- torney made at any time after conviction of a defendant for an offense under section 794 of this title or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be re- ceived by that defendant, or a transferee of that defendant, from a contract relating to a depic- tion of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant’s thoughts, opinions, or emotions regarding such crime. (b) An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract. (c)(1) Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may— (A) be levied upon to satisfy— (i) a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and (ii) a fine imposed by a court of the United States; and (B) if ordered by the court in the interest of justice, be used to— (i) satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and (ii) pay for legal representation of the de- fendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total pro- ceeds may be so used. (2) The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury. (d) As used in this section, the term ‘‘inter- ested party’’ includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defend- ant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted. (Added Pub. L. 98–473, title II, § 1406(a), Oct. 12, 1984, 98 Stat. 2175, § 3671; amended Pub. L. 99–399, title XIII, § 1306(c), Aug. 27, 1986, 100 Stat. 899; re- numbered § 3681 and amended Pub. L. 99–646, §§ 40, 41(a), Nov. 10, 1986, 100 Stat. 3600.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–646, § 40, struck out ‘‘chapter 227 or 231 of’’ after ‘‘restitution under’’. Pub. L. 99–399 inserted ‘‘an offense under section 794 of this title or for’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Chapter effective 30 days after Oct. 12, 1984, see sec- tion 1409(a) of Pub. L. 98–473, set out as a note under section 20101 of Title 34, Crime Control and Law En- forcement. § 3682. Notice to victims of order of special for- feiture The United States attorney shall, within thir- ty days after the imposition of an order under this chapter and at such other times as the At- torney General may require, publish in a news- paper of general circulation in the district in which the offense for which a defendant was con- victed occurred, a notice that states— (1) the name of, and other identifying infor- mation about, the defendant; (2) the offense for which the defendant was convicted; and (3) that the court has ordered a special for- feiture of certain proceeds that may be used to satisfy a judgment obtained against the de- fendant by a victim of an offense for which the defendant has been convicted. (Added Pub. L. 98–473, title II, § 1406(a), Oct. 12, 1984, 98 Stat. 2176, § 3672; renumbered § 3682, Pub. L. 99–646, § 41(a), Nov. 10, 1986, 100 Stat. 3600.)