Title 18 — Crimes and Criminal ProcedureRelease 119-73

§2328 Mandatory forfeiture

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 113A— - TELEMARKETING AND EMAIL MARKETING FRAUD › § 2328

Last updated Apr 6, 2026|Official source

Summary

When a person is sentenced for an offense that gets an enhanced penalty under section 2326, the court must order them to give up to the United States any money or property that came from the crime and any equipment, software, or other technology used or meant to be used to commit the offense. The forfeiture must follow the procedures in section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d), and Rule 32.2 of the Federal Rules of Criminal Procedure.

Full Legal Text

Title 18, §2328

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—

(1)any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and

(2)any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.

(b)The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2328

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73