PRIA, Government Policy, Made Personal

Summary

Attempts to commit the crimes listed in sections 1581, 1583, 1584, 1589, 1590, and 1591 are punished the same as if the crime were finished. Conspiring with someone to commit the crimes in sections 1581, 1583, 1589, 1590, or 1592 is also punished the same as the completed crime. Conspiring to commit section 1591 can lead to federal fines, prison for any number of years or for life, or both. When someone is convicted under this chapter, the court must order that they give up to the U.S. any property involved in or used to help commit the crime, any property linked to that property, and any property that came from money earned by the crime. Federal civil forfeiture rules apply. The Attorney General must use forfeited assets or sale proceeds to pay victim restitution first, and those transfers take priority over other claims. Using those transfers does not reduce the person’s duty to pay the full restitution or to repay the government from other assets. Any violation counts as organized criminal activity 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)Transfer of Forfeited Assets.—

(1)In general.—

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)Priority.—

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

(3)Use of nonforfeited assets.—

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)Witness Protection.—

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