Title 18, Crimes and Criminal ProcedureRelease 119-110
§2328 Mandatory Forfeiture
Title 18 › PART I — CRIMES › CHAPTER 113A — TELEMARKETING AND EMAIL MARKETING FRAUD › § 2328
Summary
If convicted of an offense with an enhanced penalty under section 2326, a defendant must give up to the United States property traceable to the crime’s gross proceeds and any equipment, software, or other technology used or intended to help commit the offense. The forfeiture process follows 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.
Full Legal Text
Title 18, §2328
Crimes and Criminal Procedure, Source: USLM XML via OLRC
(a)In General.—
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)Procedures.—
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.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 2328
Title 18, Crimes and Criminal Procedure
Last Updated
Sep 22, 2026
Release point: 119-110