A bill to amend section 3681 of title 18, United States Code, relating to the special forfeiture of collateral profits of a crime.

Summary

Rewrites Federal criminal code provisions regarding special forfeiture of collateral profits of crime. Requires the court to order the defendant to forfeit proceeds received from a contract relating to the transfer of a right or interest in any property, upon motion of the U.S. attorney made at any time after the defendant's conviction for specified offenses (including a felony offense against the United States or any State or a misdemeanor offense against the United States or any State resulting in physical harm to any individual) if the court determines that: (1) the interests of justice or an order of restitution so require; (2) the proceeds to be forfeited reflect the enhanced value of the property attributable to the offense; and (3) with respect to a defendant convicted of an offense against a State, the property at issue, or the proceeds to be forfeited, have travelled in interstate or foreign commerce or were derived through the use of an instrumentality of interstate or foreign commerce, and the State Attorney General has declined to initiate a forfeiture action with respect to the proceeds to be forfeited. Defines "property" for purposes of this Act to include: (1) any evidence or instrument of the offense; (2) real estate where the offense was committed; (3) any document, photography or audio or video recording, or clothing, jewelry, furniture, or other personal property, relating to the offense; (4) any movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind depicting or otherwise relating to the offense; (5) any expression of the defendant's thoughts, opinions, or emotions regarding the offense; or (6) other property relating to the offense.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 23 July 1998

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 23 July 1998

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• Introduced in Senate

  summary · EN · 23 July 1998

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