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Crimes and Criminal Procedure - 18 USC Section 984
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US Lawyer > Crimes and Criminal Procedure > Crimes and Criminal Procedure - 18 USC Section 984
01/19/04
Sec. 984. Civil forfeiture of fungible property
(a)(1) In any forfeiture action in rem in which the subject
property is cash, monetary instruments in bearer form, funds
deposited in an account in a financial institution (as defined in
section 20 of this title), or precious metals -
(A) it shall not be necessary for the Government to identify
the specific property involved in the offense that is the basis
for the forfeiture; and
(B) it shall not be a defense that the property involved in
such an offense has been removed and replaced by identical
property.
(2) Except as provided in subsection (b), any identical property
found in the same place or account as the property involved in the
offense that is the basis for the forfeiture shall be subject to
forfeiture under this section.
(b) No action pursuant to this section to forfeit property not
traceable directly to the offense that is the basis for the
forfeiture may be commenced more than 1 year from the date of the
offense.
(c)(1) Subsection (a) does not apply to an action against funds
held by a financial institution in an interbank account unless the
account holder knowingly engaged in the offense that is the basis
for the forfeiture.
(2) In this subsection -
(A) the term "financial institution" includes a foreign bank
(as defined in section 1(b)(7) of the International Banking Act
of 1978 (12 U.S.C. 3101(b)(7))); (!1) and
(B) the term "interbank account" means an account held by one
financial institution at another financial institution primarily
for the purpose of facilitating customer transactions.
(d) Nothing in this section may be construed to limit the ability
of the Government to forfeit property under any provision of law if
the property involved in the offense giving rise to the forfeiture
or property traceable thereto is available for forfeiture.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-185 applicable to any forfeiture
proceeding commenced on or after the date that is 120 days after
Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
under section 1324 of Title 8, Aliens and Nationality.
Last modified: April 12, 2006
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