William J. McCorkle - Page 12

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          Interco, Inc., 719 F.2d 23, 28 (2d Cir. 1983) (stating that it is           
          not inconsistent with the discretion standard for an appellate              
          court to decline to honor a purported exercise of discretion                
          which was infected by an error of law); Swanson v. Commissioner,            
          121 T.C. 111, 119 (2003).                                                   
               B.  Criminal Forfeiture                                                
               Title 18 U.S.C. sec. 982, is entitled “Criminal forfeiture”,           
          and it governs forfeiture in cases involving convictions for                
          money laundering.  In pertinent part, 18 U.S.C. sec. 982(a)(1)              
          provides:                                                                   
               Sec. 982  Criminal Forfeiture.                                         
                    (a)(1) The court, in imposing sentence on a person                
               convicted of an offense in violation of * * * [18                      
               U.S.C. secs. 1956 or 1957] shall order that the person                 
               forfeit to the United States any property, real or                     
               personal, involved in such offense, or any property                    
               traceable to such property.                                            
               The seizure of property forfeited under 18 U.S.C. sec.                 
          982(a)(1) and any judicial proceeding relating to the forfeiture            
          are governed by 21 U.S.C. sec. 853 (2000) (except subsection (d)            
          thereof).  18 U.S.C. sec. 982(b)(1).  Title 21, U.S.C. sec.                 
          853(c), addresses third party transfers and provides as follows:            
               Sec. 853(c).  Third party transfers.                                   
                    All right, title, and interest in property                        
               described in * * * [18 U.S.C. sec. 982] vests in the                   
               United States upon the commission of the act giving                    
               rise to forfeiture under * * * [18 U.S.C. sec. 982].                   
               Any such property that is subsequently transferred to a                
               person other than the defendant may be the subject of a                
               special verdict of forfeiture and thereafter shall be                  





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