PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 217 or take any other action to seize, secure, maintain, or preserve the availability of property subject to civil forfeiture— "(A) upon the filing of a civil forfeiture complaint alleging that the property with respect to which the order is sought is subject to civil forfeiture; or "(B) prior to the filing of such a complaint, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that— "(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and "(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
- (2) An order entered pursuant to paragraph (1)(B) shall
be effective for not more than 90 days, unless extended by the court for good cause shown, or unless a complaint described in paragraph (1)(A) has been filed. "(3) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property, if the United States demonstrates that there is probaole cause to believe that the property with respect to which the order is sought is subject to civil forfeiture and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary Expiration date, order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order. "(4) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence.". SEC. 10. COOPERATION AMONG FEDERAL PROSECUTORS. Section 3322(a) of title 18, United States Code, is amended— (1) by striking "civil forfeiture under section 981 of title 18, United States Code, of property described in section 981(a)(l)(C) of such title" and inserting "any civil forfeiture provision of Federal law"; and (2) by striking "concerning a banking law violation". SEC. 11. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE ACTIONS. Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is amended by inserting ", or in the case of forfeiture, within 2 years after the time when the involvement of the property in the alleged offense was discovered, whichever was later" after "within five years after the time when the alleged offense was discovered".
�
