U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 232A— SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME

18 U.S.C. § 3681

Order of special forfeiture

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(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.(Added Pub. L. 98–473, title II, § 1406(a), Oct. 12, 1984, 98 Stat. 2175, § 3671; amended Pub. L. 99–399, title XIII, § 1306(c), Aug. 27, 1986, 100 Stat. 899; renumbered § 3681 and amended Pub. L. 99–646, §§ 40, 41(a), Nov. 10, 1986, 100 Stat. 3600.)Editorial NotesAmendments

1986—Subsec. (a). Pub. L. 99–646, § 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”.

Statutory Notes and Related SubsidiariesEffective 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 20101 of Title 34, Crime Control and Law Enforcement.

Notes of Decisions
Cited in 8 cases, 1989–2006 · leading case: Caplin & Drysdale, Chartered v. United States, 491 U.S. 617 (1989).
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Caplin & Drysdale, Chartered v. United States, 491 U.S. 617 (1989). · cites it 2× “2175 , codified as 18 U. S. C. § 3681 (c)(1)(B) (1982 ed., Supp.”
Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105 (1991). · cites it 2× “Because the Federal Government and most of the States have enacted statutes with similar objectives, see 18 U. S. C. § 3681 ; Note, Simon & Schuster, Inc.”
State Ex Rel. Topeka Police Dep't v. $895.00 U.S. Currency, 133 P.3d 91 (Kan. 2006). · cites it 2× “§ 853 (criminal forfeitures) with 18 U.S.C. § 3681 (c)(1)(B)(ii) (forfeited collateral profits) of the Victims Crime Act of 1984, in which Congress expressly exempts a portion of special forfeited collateral profits (e.”
Child. of Bedford, Inc. v. Petromelis, 573 N.E.2d 541 (NY 1991). “Any profits reaped from illegal acts are more appropriately used to provide restitution to the direct victim of the crime, or, alternatively, to victims of crime in general” (S Rep No.”
In Re Moffitt, Zwerling & Kemler, P.C., 864 F. Supp. 527 (E.D. Va. 1994). “For a statute providing for forfeiture of money that does not mention traceable property, see 18 U.S.C. § 3681 (a) (civil forfeiture by defendant, convicted of violent crime, of proceeds earned under contract relating to movie, book, or television program based on crime).”
Arnold v. Cnty. of Nassau, 89 F. Supp. 2d 285 (E.D.N.Y 2000). “§ 632-a(b); see also 18 U.S.C. § 3681 (federal “Son of Sam” law).”
Seres v. Lerner, 102 P.3d 91 (Nev. 2004). “at 115 ; see 18 U.S.C. § 3681 (2000); Karen M. Ecker & Margot J.”
New York State Crime Victims Bd. v. T.J.M. Prods., Inc., 176 Misc. 2d 777 (N.Y. Sup. Ct. 1998). · cites it 2× “It may have been that the Legislature intended to cede this area to the Federal Son of Sam Law ( 18 USC § 3681 ). While the Federal statute is not a mirror image of the State’s Son of Sam Law (for example, it may only be invoked during the course of the criminal proceeding) it…”
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