2018 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 113A - Telemarketing and Email Marketing Fraud
Sec. 2328 - Mandatory forfeiture

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Citation 18 U.S.C. § 2328 (2018)
Section Name §2328. Mandatory forfeiture
Section Text

(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.

Source Credit

(Added Pub. L. 115–70, title IV, §402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)

Editorial Notes REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Publication Title United States Code, 2018 Edition, 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 113A - TELEMARKETING AND EMAIL MARKETING FRAUD
Sec. 2328 - Mandatory forfeiture
Contains section 2328
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 131 Stat. 1214
Public Law References Public Law 115-70
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