Comprehensive Criminal Forfeiture Act of 1982

Summary

Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Creates a presumption of forfeitability where: (1) the defendant acquired the property within a reasonable period after commission of the violation; and (2) the defendant's legal sources of income are substantially insufficient to account for the acquisition. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for the payment of information or assistance leading to forfeiture. Terminates this program on September 30, 1984.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 31 March 1982

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 31 March 1982

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 23 June 1982

   Reported

   Committee on Judiciary. Ordered to be reported without amendment favorably.

   Source: Committee

4. 10 August 1982

   Calendars

   Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 749.

   Source: Calendars

5. 10 August 1982

   Reported

   Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. With written report No. 97-520.

   Source: Committee

6. 10 August 1982

   Reported

   Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. With written report No. 97-520.

   Source: Committee

7. 1 October 1982

   Passed

   Passed Senate without amendment by Voice Vote.

   Source: Floor

8. 1 October 1982

   Passed

   Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.

   Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 31 March 1982

  Open at official source

Sponsors

• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• Sen. Denton, Jeremiah [R-AL] · R · Sponsor
• · ssju00 · Standing

Related records

• related to → Comprehensive Forfeiture Act of 1982
• related to → Comprehensive Criminal Forfeiture Act of 1982