1996 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 46 - FORFEITURE
Sec. 984 - 1 Civil forfeiture of fungible property
View Metadata| Publication Title | United States Code, 1994 Edition, Supplement 2, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 46 - FORFEITURE Sec. 984 - 1 Civil forfeiture of fungible property |
| Contains | section 984 |
| Date | 1996 |
| Laws in Effect as of Date | January 6, 1997 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 102-550, title XV, §1522(a), Oct. 28, 1992, 106 Stat. 4063; amended Pub. L. 103-325, title IV, §411(c)(2)(E), Sept. 23, 1994, 108 Stat. 2253. |
| Statutes at Large References | 106 Stat. 4063 108 Stat. 2253 |
| Public Law References | Public Law 102-550, Public Law 103-325 |
§984.1 Civil forfeiture of fungible property
(a) This section shall apply to any action for forfeiture brought by the Government in connection with any offense under section 1956, 1957, or 1960 of this title or section 5322 or 5324 of title 31, United States Code.
(b)(1) In any forfeiture action in rem in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution (as defined in section 20 of this title), or other fungible property—
(A) it shall not be necessary for the Government to identify the specific property involved in the offense that is the basis for the forfeiture; and
(B) it shall not be a defense that the property involved in such an offense has been removed and replaced by identical property.
(2) Except as provided in subsection (c), any identical property found in the same place or account as the property involved in the offense that is the basis for the forfeiture shall be subject to forfeiture under this section.
(c) No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be commenced more than 1 year from the date of the offense.
(d)(1) No action pursuant to this section to forfeit property not traceable directly to the offense that is the basis for the forfeiture may be taken against funds held by a financial institution in an interbank account, unless the financial institution holding the account knowingly engaged in the offense.
(2) As used in this section, the term “interbank account” means an account held by one financial institution at another financial institution primarily for the purpose of facilitating customer transactions.
(Added Pub. L. 102–550, title XV, §1522(a), Oct. 28, 1992, 106 Stat. 4063; amended Pub. L. 103–325, title IV, §411(c)(2)(E), Sept. 23, 1994, 108 Stat. 2253.)
Amendments1994—Subsec. (a). Pub. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.
1 So in original. There is no section 983.
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