Page:United States Statutes at Large Volume 102 Part 5.djvu/486

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4492

PUBLIC LAW 100-690—NOV. 18, 1988

by law, or which are necessary to protect the interests of the United States or third parties. "(g) DISPOSITION OF PROPERTY.—Following the seizure of property

ordered forfeited under this section, the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and shall direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him. "(h) AUTHORITY OF ATTORNEY GENERAL.—With respect to property ordered forfeited under this section, the Attorney General is authorized to— "(1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section; "(2) comprise claims arising under this section; "(3) award compensation to persons providing information resulting in a forfeiture under this section; "(4) direct the disposition by the United States, in accordance with the provisions of section 1616, title 19, United States Code, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and "(5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. "(i) BAR ON INTERVENTION.—Except as provided in subsection (1) of this section, no party claiming an interest in property subject to forfeiture under this section may— "(1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or "(2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. Courts, U.S.

"(j) JURISDICTION TO ENTER ORDERS.—The district courts of the

United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. "(k) DEPOSITIONS.—In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the