18 USC 2328 - Mandatory forfeiture

U.S Code last checked for updates: Feb 21, 2025

§ 2328.

Mandatory forfeiture

(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.

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

cite as: 18 USC 2328