Rucci in the News - The Law Office of Sebastian Rucci

18 U.S.C. § 983. GENERAL RULES FOR CIVIL FORFEITURE PROCEEDINGS

January 2, 2024

18 U.S.C. § 983(j)(1) the court may enter a restraining order or injunction to seize . . .property subject to civil forfeiture (A) upon the filing of a civil forfeiture complaint; or (B) prior to the filing of a complaint, if, after notice and a hearing, the court determines (i) there is a substantial probability the United States will prevail and that failure to enter the order will result in the property being unavailable for forfeiture; and (ii) the need to preserve the property outweighs the hardship on the party against whom the order is to be entered. (2) The order shall be effective for 90 days. (3) A temporary restraining order may be entered for not more than 14 days.

18 U.S.C. § 982 CRIMINAL FORFEITURE

January 2, 2024

18 U.S.C. § 982 CRIMINAL FORFEITURE (a)(1) The court, in imposing sentence . . . shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property. (2) The court, in imposing sentence on a person convicted of a violation of . . . . (b)(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of 21 U.S.C. 853. (2) The substitution of assets 21 U.S.C. § 853(p) shall not be used to order a defendant to forfeit assets in place of the actual property laundered . . .

18 U.S.C. § 981. CIVIL FORFEITURE

January 2, 2024

18 U.S.C. § 981. CIVIL FORFEITURE (a) (1) The following property, real or personal, is subject to forfeiture to the United States: (A) Any property involved in a transaction in violation of 18 U.S.C. § 1956, 1957, or 1960, or any property traceable to . . . (C) Any property derived from proceeds traceable to . . . any offense constituting specified unlawful activity, 18 U.S.C. § 1956(c)(7). . . (b)(2) Seizures pursuant to this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure . . . (g) (1) . . . the court shall stay the civil forfeiture proceeding if the court determines that civil discovery will adversely affect a related criminal investigation or prosecution of a related criminal case. . . .