Page:United States Statutes at Large Volume 98 Part 2.djvu/880

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2040

PUBLIC LAW 98-473—OCT. 12, 1984 been convicted of a crime of violence or otherwise serious offense; and (3) the general appropriateness of imposing a sentence of imprisonment in cases in which the defendant has been convicted of a crime of violence or otherwise serious offense. CHAPTER III—FORFEITURE

Comprehensive Forfeiture Act of 1984. 18 USC 1961 note.

SEC. 301. This title may be cited as the "Comprehensive Forfeiture Act of 1984 ".


SEC. 302. Section 1963 of title 18 of the United States Code is amended to read as follows: "§ 1963. Criminal penalties "(a) Whoever violates any provision of section 1962 of this chapter shall be fined not more than $25,000 or imprisoned not more than twenty years, or both, and shall forfeit to the United States, irrespective of any provision of State law— "(1) any interest the person has acquired or maintained in violation of section 1962; "(2) any.,. ,^, "(A) interest in; "(B) security of; "(C) claim against; or "(D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and "(3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. "(b) Property subject to criminal forfeiture under this section includes— "(1) real property, including things growing on, affixed to, and found in land; and "(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. "(c) All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. "(d) If any of the property described in subsection (a)— "(1) cannot be located;