18 U.S.C. Sec. 1963(A)(1) FORFEITURE ELEMENTS
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FAQ
§1964 (civil RICO) which permits the court to disgorge an enterprise's assets may not be used to remedy a past act of racketeering. Rather, the provision may only be invoked to prevent future illegal activity. The standard of proof in a RICO criminal forfeiture proceeding is proof beyond a reasonable doubt.
§981. Civil forfeiture. (a)(1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property.
(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, 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.
18 U.S. Code § 1461 - Mailing obscene or crime-inciting matter U.S. Code US Law LII / Legal Information Institute.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
? (1) ''racketeering activity'' means (A) any act or threat. involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled. substance or listed chemical (as defined in section 102 of the. Controlled Substances Act), which is chargeable under State law.
Under federal laws of the United States, law enforcement agencies and prosecutors are allowed to seize property and money from people convicted of certain federal offenses, which is called a ?forfeiture,? and most common in drug trafficking and related cases.
Penalties for 18 U.S.C. A violation of Section 641 subjects the defendant to a potential maximum of 10 years in federal prison and a fine, though if the property is valued at less than $1,000, the maximum term of imprisonment decreases to one year plus a fine.
