U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 113— STOLEN PROPERTY

18 U.S.C. § 2323

Forfeiture, destruction, and restitution

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(a)Civil Forfeiture.—(1)Property subject to forfeiture.—The following property is subject to forfeiture to the United States Government:(A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).(2)Procedures.—The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.(b)Criminal Forfeiture.—(1)Property subject to forfeiture.—The court, in imposing sentence on a person convicted of an offense under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addition to any other sentence imposed, that the person forfeit to the United States Government any property subject to forfeiture under subsection (a) for that offense.(2)Procedures.—(A)In general.—The forfeiture of property under paragraph (1), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section.(B)Destruction.—At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States shall order that any—(i) forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law; and(ii) infringing items or other property described in subsection (a)(1)(A) and forfeited under paragraph (1) of this subsection be destroyed or otherwise disposed of according to law.(c)Restitution.—When a person is convicted of an offense under section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii) of this title.(Added Pub. L. 110–403, title II, § 206(a), Oct. 13, 2008, 122 Stat. 4262.)
Notes of Decisions
Cited in 10 cases, 2010–2020 · leading case: State of Louisiana v. Dominick Sims
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State of Louisiana v. Dominick Sims (2016) la · cites it 2× “§ 2251 (a), and 18 U.S.C. § 2323 (a) and related cases). 8 forth above, neither the jurisprudence of this Court nor the United States Supreme Court requires scienter as an element of a crime, particularly where the underlying conduct would be illegal even if the strict liability…”
United States v. Real Property & Premises Located at 249-20 Cambria Avenue (2014) nyed “§ 545 ; and/or (b) 18 U.S.C. § 2323 (a), as property used in any manner or part to commit or facilitate the commission of violations of 18 U.”
United States v. All Assets Listed in Attachment A (2015) vaed · cites it 2× “§ 981 (a)(1)(A) provides for forfeiture of property traceable to violations of 18 U.SU. §§ 1956 and 1957. Section 1956(a)(1) prohibits the use of the proceeds of an unlawful activity where a person knows the illegal nature of the proceeds and conducts or attempts to conduct a…”
United States v. Hamdan (2014) ca2 “See 18 U.S.C. § 2323 (b)(2)(B). But forfeiture and restitution are distinct measures.”
United States v. Real Property & Premises Located at 249-20 Cambria Avenue (2014) nyed “§ 545 ; and/or (b) 18 U.S.C. § 2323 (a), as property used in any manner or part to commit or facilitate the commission of violations of 18 U.”
United States v. Two (2) Pairs of Nike Air Jordan Sneakers (2020) vid · cites it 2× “Virgin Islands; (2) the seized Defendant Property was seized “pursuant to 18 U.S.C. § 2323 (forfeiture of counterfeit goods) for a violation pursuant to 18 U.”
United States v. Wittich (2014) laed · cites it 2× “18 U.S.C. § 2323 (b) provides for forefeiture.”
United States v. Approximately $7,800.00 in U.S. Currency (2020) caed “Plaintiff seeks 18 judgment against the interests of Siep San and Thomas Godwin and also requests that the Court 19 enter a Final Judgment of Forfeiture pursuant to 18 U.S.C. § 2323 , forfeiting all right, title, and 20 interest in the defendant currency to Plaintiff to be…”
Doe v. United States (2019) flsd “§ 2318 (d); 18 U.S.C. §2323 (c); 18 U.S.C. § 2428 ; 18 U.”
United States v. Charles Neuman (2010) ca5 “See 18 U.S.C. §§ 2323 , 3663A (providing that victims are entitled to recover the value of their property that has been stolen).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.