18 U.S.C. § 2328
Section 2328 · Mandatory forfeiture
Amended 1 time on record
Applied in 1 court decisions — leading case 89 F. Supp. 3d 813 - United States v. All Assets Listed in Attachment A (2015)
Most recently applied in 89 F. Supp. 3d 813 - United States v. All Assets Listed in Attachment A (February 2015)
(a) In General.—The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States—
(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
(2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
(b) Procedures.—The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.