18 U.S.C. § 987 — Anti-terrorist forfeiture protection

Page 295 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 987 1 Section catchline amended by Pub. L. 108–21 without cor- responding amendment of chapter analysis. Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. Section 985 of this title, referred to in subsec. (a), was enacted by Pub. L. 106–185, and relates to civil forfeit- ures of real property and not to procedures and limita- tions for subpoenas. The reference to section 985 was in- cluded in this section when it was enacted by Pub. L. 102–550, but at that time there was no section 985 of this title. The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in Title 28, Appendix, Judiciary and Judicial Procedure. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–185 added subsec. (d). 1994—Subsec. (a). Pub. L. 103–325 substituted ‘‘section 5322 or 5324 of title 31’’ for ‘‘section 5322 of title 31’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality. § 987. Anti-terrorist forfeiture protection (a) RIGHT TO CONTEST.—An owner of property that is confiscated under any provision of law relating to the confiscation of assets of sus- pected international terrorists, may contest that confiscation by filing a claim in the man- ner set forth in the Federal Rules of Civil Proce- dure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an af- firmative defense that— (1) the property is not subject to confisca- tion under such provision of law; or (2) the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the case. (b) EVIDENCE.—In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeop- ardize the national security interests of the United States. (c) CLARIFICATIONS.— (1) PROTECTION OF RIGHTS.—The exclusion of certain provisions of Federal law from the def- inition of the term ‘‘civil forfeiture statute’’ in section 983(i) of title 18, United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under— (A) subsection (a) of this section; (B) the Constitution; or (C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’). (2) SAVINGS CLAUSE.—Nothing in this section shall limit or otherwise affect any other rem- edies that may be available to an owner of property under section 983 of title 18, United States Code, or any other provision of law. (Added Pub. L. 109–177, title IV, § 406(b)(1)(B), Mar. 9, 2006, 120 Stat. 244.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure. The Supplemental Rules for Certain Admiralty and Maritime Claims, which are set out as part of the Federal Rules of Civil Procedure, were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The Federal Rules of Evidence, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 107–56, title III, § 316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which was set out as a note under section 983 of this title, prior to repeal by Pub. L. 109–177, § 406(b)(2). CHAPTER 47—FRAUD AND FALSE STATEMENTS Sec. 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation trans- actions. [1008, 1009. Repealed.] 1010. Department of Housing and Urban Develop- ment and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Develop- ment transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; re- newals and discounts; crop insurance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment of appearance or oath. 1017. Government seals wrongfully used and instru- ments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or vet- eran’s facilities property. 1025. False pretenses on high seas and other wa- ters. 1026. Compromise, adjustment, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Em- ployee Retirement Income Security Act of 1974. 1028. Fraud and related activity in connection with identification documents and information.1