§2323 Forfeiture, Destruction, and Restitution

Summary

Gives the U.S. government the power to seize and make people give up property tied to certain crimes listed in section 506 of title 17; sections 2318, 2319, 2319A, 2319B, 2320; and chapter 90. That includes items that are illegal to make or sell, property used or meant to be used to commit those crimes, and money or things gained from those crimes. Civil forfeitures follow the rules in chapter 46. When records are seized, the court must protect private or secret information. At the end of civil cases, unless a U.S. agency asks otherwise, the court must order the forfeited property destroyed or legally disposed of. If someone is convicted of those crimes, the court must also order criminal forfeiture of the same kinds of property. Criminal forfeiture procedures follow 21 U.S.C. 853 (section 413 of the Controlled Substances Act), except subsection (d). At the end of criminal cases, counterfeit items and infringing goods must be destroyed or otherwise disposed of, unless a U.S. agency asks to keep them. The court must also order the offender to pay restitution to victims under sections 3556, 3663A, and 3664, treated as a property offense under section 3663A(c)(1)(A)(ii).