18 U.S.C. § 2323 — Forfeiture, destruction, and restitution

Page 585 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2325 § 2323. Forfeiture, destruction, and restitution (a) CIVIL FORFEITURE.— (1) PROPERTY SUBJECT TO FORFEITURE.—The following property is subject to forfeiture to the United States Government: (A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title. (B) Any property used, or intended to be used, in any manner or part to commit or fa- cilitate the commission of an offense re- ferred to in subparagraph (A). (C) Any property constituting or derived from any proceeds obtained directly or indi- rectly as a result of the commission of an of- fense referred to in subparagraph (A). (2) PROCEDURES.—The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this sec- tion. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appro- priate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the for- feiture proceedings, unless otherwise re- quested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law. (b) CRIMINAL FORFEITURE.— (1) PROPERTY SUBJECT TO FORFEITURE.—The court, in imposing sentence on a person con- victed of an offense under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addi- tion to any other sentence imposed, that the person forfeit to the United States Govern- ment any property subject to forfeiture under subsection (a) for that offense. (2) PROCEDURES.— (A) IN GENERAL.—The forfeiture of prop- erty under paragraph (1), including any sei- zure and disposition of the property and any related judicial or administrative pro- ceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. (B) DESTRUCTION.—At the conclusion of the forfeiture proceedings, the court, unless oth- erwise requested by an agency of the United States shall order that any— (i) forfeited article or component of an article bearing or consisting of a counter- feit mark be destroyed or otherwise dis- posed of according to law; and (ii) infringing items or other property described in subsection (a)(1)(A) and for- feited under paragraph (1) of this sub- section be destroyed or otherwise disposed of according to law. (c) RESTITUTION.—When a person is convicted of an offense under section 506 of title 17 or sec- tion 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii) of this title. (Added Pub. L. 110–403, title II, § 206(a), Oct. 13, 2008, 122 Stat. 4262.) CHAPTER 113A—TELEMARKETING AND EMAIL MARKETING FRAUD Sec. 2325. Definition. 2326. Enhanced penalties. 2327. Mandatory restitution. 2328. Mandatory forfeiture. Editorial Notes PRIOR PROVISIONS A prior chapter 113A of part I of this title, consisting of section 2331 et seq. and relating to terrorism, was re- numbered chapter 113B of part I of this title by Pub. L. 103–322, title XXV, § 250002(a)(1), Sept. 13, 1994, 108 Stat. 2082. AMENDMENTS 2017—Pub. L. 115–70, title IV, § 402(a)(1), (b)(2), Oct. 18, 2017, 131 Stat. 1213, 1214, inserted ‘‘AND EMAIL MAR- KETING’’ after ‘‘TELEMARKETING’’ in chapter head- ing and added item 2328. § 2325. Definition In this chapter, the term ‘‘telemarketing or email marketing’’— (1) means a plan, program, promotion, or campaign that is conducted to induce— (A) purchases of goods or services; (B) participation in a contest or sweep- stakes; (C) a charitable contribution, donation, or gift of money or any other thing of value; (D) investment for financial profit; (E) participation in a business oppor- tunity; (F) commitment to a loan; or (G) participation in a fraudulent medical study, research study, or pilot study, by use of one or more interstate telephone calls, emails, text messages, or electronic in- stant messages initiated either by a person who is conducting the plan, program, pro- motion, or campaign or by a prospective pur- chaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and (2) does not include the solicitation through the posting, publication, or mailing of a cata- log or brochure that— (A) contains a written description or illus- tration of the goods, services, or other op- portunities being offered; (B) includes the business address of the so- licitor; (C) includes multiple pages of written ma- terial or illustration; and (D) has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone, email, text