US (United States) Code. Title 18. Chapter 232A: Special forfeiture of collateral profits of crime

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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  • País: Estados Unidos Estados Unidos
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18 USC CHAPTER 232A - SPECIAL FORFEITURE OF COLLATERAL

PROFITS OF CRIME 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232A - SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

.

-HEAD-

CHAPTER 232A - SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

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Sec.

3681. Order of special forfeiture.

3682. Notice to victims of order of special forfeiture.

AMENDMENTS

1986 - Pub. L. 99-646, Sec. 41(b), (c), Nov. 10, 1986, 100 Stat.

3600, renumbered chapter 232 (relating to special forfeiture of

collateral profits of crime) as chapter 232A, and renumbered items

3671 and 3672 as items 3681 and 3682, respectively.

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18 USC Sec. 3681 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232A - SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

-HEAD-

Sec. 3681. Order of special forfeiture

-STATUTE-

(a) Upon the motion of the United States attorney made at any

time after conviction of a defendant for an offense under section

794 of this title or for an offense against the United States

resulting in physical harm to an individual, and after notice to

any interested party, the court shall, if the court determines that

the interest of justice or an order of restitution under this title

so requires, order such defendant to forfeit all or any part of

proceeds received or to be received by that defendant, or a

transferee of that defendant, from a contract relating to a

depiction of such crime in a movie, book, newspaper, magazine,

radio or television production, or live entertainment of any kind,

or an expression of that defendant's thoughts, opinions, or

emotions regarding such crime.

(b) An order issued under subsection (a) of this section shall

require that the person with whom the defendant contracts pay to

the Attorney General any proceeds due the defendant under such

contract.

(c)(1) Proceeds paid to the Attorney General under this section

shall be retained in escrow in the Crime Victims Fund in the

Treasury by the Attorney General for five years after the date of

an order under this section, but during that five year period may -

(A) be levied upon to satisfy -

(i) a money judgment rendered by a United States district

court in favor of a victim of an offense for which such

defendant has been convicted, or a legal representative of such

victim; and

(ii) a fine imposed by a court of the United States; and

(B) if ordered by the court in the interest of justice, be used

to -

(i) satisfy a money judgment rendered in any court in favor

of a victim of any offense for which such defendant has been

convicted, or a legal representative of such victim; and

(ii) pay for legal representation of the defendant in matters

arising from the offense for which such defendant has been

convicted, but no more than 20 percent of the total proceeds

may be so used.

(2) The court shall direct the disposition of all such proceeds

in the possession of the Attorney General at the end of such five

years and may require that all or any part of such proceeds be

released from escrow and paid into the Crime Victims Fund in the

Treasury.

(d) As used in this section, the term ''interested party''

includes the defendant and any transferee of proceeds due the

defendant under the contract, the person with whom the defendant

has contracted, and any person physically harmed as a result of the

offense for which the defendant has been convicted.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1406(a), Oct. 12, 1984, 98

Stat. 2175, Sec. 3671; amended Pub. L. 99-399, title XIII, Sec.

1306(c), Aug. 27, 1986, 100 Stat. 899; renumbered Sec. 3681 and

amended Pub. L. 99-646, Sec. 40, 41(a), Nov. 10, 1986, 100 Stat.

3600.)

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AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-646, Sec. 40, struck out ''chapter

227 or 231 of'' after ''restitution under''.

Pub. L. 99-399 inserted ''an offense under section 794 of this

title or for''.

EFFECTIVE DATE

Chapter effective 30 days after Oct. 12, 1984, see section

1409(a) of Pub. L. 98-473, set out as a note under section 10601 of

Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 10601.

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18 USC Sec. 3682 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 232A - SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

-HEAD-

Sec. 3682. Notice to victims of order of special forfeiture

-STATUTE-

The United States attorney shall, within thirty days after the

imposition of an order under this chapter and at such other times

as the Attorney General may require, publish in a newspaper of

general circulation in the district in which the offense for which

a defendant was convicted occurred, a notice that states -

(1) the name of, and other identifying information about, the

defendant;

(2) the offense for which the defendant was convicted; and

(3) that the court has ordered a special forfeiture of certain

proceeds that may be used to satisfy a judgment obtained against

the defendant by a victim of an offense for which the defendant

has been convicted.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1406(a), Oct. 12, 1984, 98

Stat. 2176, Sec. 3672; renumbered Sec. 3682, Pub. L. 99-646, Sec.

41(a), Nov. 10, 1986, 100 Stat. 3600.)

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