18 U.S.C. § 2428
Section 2428 · Forfeitures
Amended 1 time on record
Applied in 44 court decisions — leading case United States v. Andis (2003)
Most recently applied in United States v. Joseph Michael Mooney (August 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In General.—The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
(2) any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.
(b) Property Subject to Forfeiture.—
(1) In general.—The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.
(2) Applicability of chapter 46.—The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.