Comprehensive Drug Penalty Act of 1982

Summary

Comprehensive Drug Penalty Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Continuing Criminal Enterprise statute (CCE) to subject to criminal forfeiture profits and proceeds derived from racketeering activity consisting of narcotic or dangerous drug offenses and from illegal racketeering or continuing criminal enterprises. Establishes procedures for the seizure of property subject to criminal forfeiture. Permits seizure of property upon the filing of an indictment or information. (Currently, seizure is authorized only upon conviction.) Authorizes the court to order forfeiture upon a determination by a preponderance of the evidence that the property is forfeitable. (Currently, the applicable standard is "beyond a reasonable doubt.") Permits innocent parties to obtain equitable relief with respect to property under order of forfeiture. Creates a presumption of forfeitability with respect to racketeering activity consisting of narcotic or dangerous drug offenses involving large-scale trafficking. Declares as void the transfer of property for the purpose of avoiding forfeiture. Directs the Attorney General to take necessary action to prevent persons convicted of a racketeering offense from buying back forfeited property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes a court to enter an order restraining the transfer of property which may be subject to forfeiture upon certain findings. Amends the Controlled Substances Act to establish as a revolving fund in the U.S. Treasury the Drug Enforcement Fund. Requires proceeds and profits forfeited as the result of drug violations to be deposited in this Fund. Authorizes appropriations from the fund for fiscal years 1983 and 1984. Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the maximum authorized fines for certain drug offenses. Permits imposition of an alternative fine up to twice the gross gain derived from the offense. Sets forth general procedures relating to fines.

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1 official file

• Introduced in House

  summary · EN · 9 March 1982

  Open at official source

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