§1594 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Trying or planning the crimes listed in other parts of this law is punished the same as actually doing them. An attempt to break sections 1581, 1583, 1584, 1589, 1590, or 1591 gets the same punishment as a finished crime. Conspiring with someone to break sections 1581, 1583, 1589, 1590, or 1592 is also punished the same as if the crime happened. Conspiring to break section 1591 can lead to a fine and prison time for any number of years or life, or both. If a person is convicted, the court must order that they lose any property used in or meant to be used for the crime, and any property that came from the crime. Civil forfeiture rules apply. The Attorney General must use forfeited assets or money from selling them to pay victims’ restitution first. That payout has priority over other claims. Using forfeited assets this way does not lower the person’s obligation to pay the full restitution from their other assets, and they must still reimburse the government for the value of transferred assets using non-forfeited assets. Any violation here is treated as organized crime or a serious offense for witness protection purposes.

Title 18, §1594

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section.

(b)Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section.

(c)Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both.

(d)The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—

(1)such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and

(2)any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation, or any property traceable to such property.

(e)(1)The following shall be subject to forfeiture to the United States and no property right shall exist in them:

(A)Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property.

(B)Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.

(2)The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.

(f)(1)Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.

(2)Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.

(3)Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.

(g)Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (d)(1). Pub. L. 114–22, § 105(a)(1)(A), substituted “that was involved in, used, or” for “that was used or” and inserted “, and any property traceable to such property” after “such violation”. Subsec. (d)(2). Pub. L. 114–22, § 105(a)(1)(B), inserted “, or any property traceable to such property” after “such violation”. Subsec. (e)(1)(A). Pub. L. 114–22, § 105(a)(2), substituted “involved in, used, or” for “used or” and inserted “, and any property traceable to such property” after “any violation of this chapter”. Subsecs. (f), (g). Pub. L. 114–22, § 105(a)(3), (4), added subsec. (f) and redesignated former subsec. (f) as (g). 2008—Subsecs. (b) to (f). Pub. L. 110–457 added subsecs. (b) and (c) and redesignated former subsecs. (b) to (d) as (d) to (f), respectively.

§1594 General provisions

Summary

Title 18, §1594

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata