18 U.S.C. § 3681: Order of special forfeiture

Summary

After a person is convicted of a crime under section 794 or any federal crime that caused physical harm, the U.S. attorney can ask the court at any time to take all or part of money the defendant gets (or will get) from a deal about the crime. That includes money from movies, books, newspapers, magazines, radio or TV programs, live shows, or anything that shows the defendant’s words or feelings about the crime. The court will act only after telling anyone who has an interest and if the court finds it is needed for justice or to pay restitution. The court’s order will make the person who owes the money pay the Attorney General instead. The Attorney General must hold the money in the Crime Victims Fund for five years. During those five years the money can be used to pay a U.S. district court money judgment for a victim or to pay a federal fine. If the court says it is fair, the money can also pay judgments from other courts for victims and can pay the defendant’s legal fees for matters from the crime, but no more than 20% of the total may go to legal fees. After five years the court decides what to do with any remaining money and may put it into the Crime Victims Fund. Interested party: the defendant; anyone who gets the defendant’s contract rights; the person who made the contract with the defendant; and anyone physically harmed by the crime.

Title 18, §3681

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Upon the motion of the United States attorney made at any time after conviction of a defendant for an offense under section 794 of this title or for an offense against the United States resulting in physical harm to an individual, and after notice to any interested party, the court shall, if the court determines that the interest of justice or an order of restitution under this title so requires, order such defendant to forfeit all or any part of proceeds received or to be received by that defendant, or a transferee of that defendant, from a contract relating to a depiction of such crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind, or an expression of that defendant’s thoughts, opinions, or emotions regarding such crime.

(b)An order issued under subsection (a) of this section shall require that the person with whom the defendant contracts pay to the Attorney General any proceeds due the defendant under such contract.

(c)(1)Proceeds paid to the Attorney General under this section shall be retained in escrow in the Crime Victims Fund in the Treasury by the Attorney General for five years after the date of an order under this section, but during that five year period may—

(A)be levied upon to satisfy—

(i)a money judgment rendered by a United States district court in favor of a victim of an offense for which such defendant has been convicted, or a legal representative of such victim; and

(ii)a fine imposed by a court of the United States; and

(B)if ordered by the court in the interest of justice, be used to—

(i)satisfy a money judgment rendered in any court in favor of a victim of any offense for which such defendant has been convicted, or a legal representative of such victim; and

(ii)pay for legal representation of the defendant in matters arising from the offense for which such defendant has been convicted, but no more than 20 percent of the total proceeds may be so used.

(2)The court shall direct the disposition of all such proceeds in the possession of the Attorney General at the end of such five years and may require that all or any part of such proceeds be released from escrow and paid into the Crime Victims Fund in the Treasury.

(d)As used in this section, the term “interested party” includes the defendant and any transferee of proceeds due the defendant under the contract, the person with whom the defendant has contracted, and any person physically harmed as a result of the offense for which the defendant has been convicted.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (a). Pub. L. 99–646, § 40, struck out “chapter 227 or 231 of” after “restitution under”. Pub. L. 99–399 inserted “an offense under section 794 of this title or for”.

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98–473, set out as a note under section 20101 of Title 34, Crime Control and Law

§3681 Order of Special Forfeiture