§2323 Forfeiture, Destruction, and Restitution

Summary

The government can take (forfeit) property tied to crimes under section 506 of title 17 or under 18 U.S.C. sections 2318, 2319, 2319A, 2319B, 2320, or chapter 90. That includes items illegal to make or sell under those laws, things used to help commit those crimes, and money or property gained from them. Civil-forfeiture rules in chapter 46 apply to these seizures. Courts must enter protective orders for any seized records to keep private or business information safe. At the end of forfeiture proceedings, the court must order forfeited property destroyed or otherwise handled according to law, unless a United States agency asks to keep it. When someone is convicted of those offenses, the court must order forfeiture of property tied to the crime and follow the procedures in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d). The court must destroy or lawfully dispose of counterfeit components or infringing items unless a U.S. agency requests otherwise. The court must also order the offender to pay restitution to victims under sections 3556, 3663A, and 3664, treating the crime as an offense against property as described in 3663A(c)(1)(A)(ii).