§2328 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When someone is sentenced after being convicted of an offense that has an enhanced penalty under section 2326, the judge must order that the person give to the United States any property—real estate or personal property—that is connected to money or other gains from that crime. The judge must also order the person to give up any equipment, software, or other technology used or meant to help commit the offense. The steps and rules for carrying out the forfeiture follow 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. These procedures apply to every part of the forfeiture case.

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.

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.

§2328 Mandatory Forfeiture

Summary

Title 18, §2328

Notes & Related Subsidiaries

Editorial Notes

References in Text

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