§229B Criminal Forfeitures; Destruction of Weapons

Summary

If a person is convicted under section 229A(a), they must give certain property to the United States. That includes things the person owned, had, or used in the crime; anything they got from the crime or as a result of it; and any property used to commit or help commit the crime. The judge must order the forfeiture when sentencing. Instead of a regular fine, a defendant who made profits from the crime can be fined up to twice the total gross profits or proceeds. The rules for how forfeiture works follow subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), with a few word changes. A temporary restraining order can be issued without notice before an indictment if there is probable cause that the property would be forfeited on conviction and urgent danger to life or health exists; the court will also issue a seizure warrant and the same timing rules apply. A person can avoid forfeiture if the property is for a purpose allowed by the Chemical Weapons Convention and the type and amount match that purpose. The Attorney General must arrange to destroy or properly dispose of seized chemical weapons and may ask other agencies to help. Owners or possessors must pay costs tied to seizure, handling, storage, transport, and destruction or disposal.