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S. 948

Comprehensive Forfeiture Act of 1984

(Measure passed Senate, amended)

Comprehensive Forfeiture Act of 1984 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; and (2) real and tangible and intangible personal property.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Allows the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and disposition of property.

Creates a rebuttable presumption of forfeitability of certain property.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Sets forth procedures for an ancillary hearing to resolve third party claims. Makes it unlawful to invest the income of a felony drug violation. Permits the forfeiture action to be brought in the district in which the defendant is found or is being prosecuted.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug-related forfeited property to other Federal, State or local agencies.

Establishes within the United States Treasury the Department of Justice Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and valid liens and mortgages against such property.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.

Provides that seizures of property effected by customs officers shall be governed by this Act.

See H.J.Res.648.

Sen. Biden, Joseph R., Jr. [D-DE](D-DE)Sponsor
16 cosponsors6 D10 R
16cosponsors4committees19actions1amendments1related bills14subjects
  1. CommitteeH19100

    See H.J.Res.648.

    Judiciary Committee
  2. CommitteeH11000

    Referred to Subcommittee on Trade.

    Trade Subcommittee
  3. CommitteeH11000

    Referred to Subcommittee on Crime.

    Crime Subcommittee
  4. CommitteeH11000

    Referred to Subcommittee on Health and the Environment.

    Health and Environment Subcommittee
  5. IntroReferralH11100

    Referred to House Committee on Ways and Means.

    Ways and Means Committee
  6. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  7. IntroReferralH11100

    Referred to House Committee on Energy and Commerce.

    Energy and Commerce Committee
  8. Floor

    Passed Senate with amendments by Voice Vote.

  9. Floor17000

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

  10. Floor

    Measure laid before Senate by unanimous consent.

  11. Floor

    Committee on Judiciary filed written report. Report No. 98-224.

    Judiciary Committee
  12. Committee14900

    Committee on Judiciary filed written report. Report No. 98-224.

    Judiciary Committee
  13. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.

  14. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  15. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  16. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  17. Committee

    Referred to Subcommittee on Criminal Law.

    Terrorism, Technology, and Government Information Subcommittee
  18. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  19. IntroReferral10000

    Introduced in Senate

Feb 3, 198435
(Measure passed Senate, amended)

Comprehensive Forfeiture Act of 1984 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; and (2) real and tangible and intangible personal property.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Allows the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and disposition of property.

Creates a rebuttable presumption of forfeitability of certain property.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Sets forth procedures for an ancillary hearing to resolve third party claims. Makes it unlawful to invest the income of a felony drug violation. Permits the forfeiture action to be brought in the district in which the defendant is found or is being prosecuted.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug-related forfeited property to other Federal, State or local agencies.

Establishes within the United States Treasury the Department of Justice Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and valid liens and mortgages against such property.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.

Provides that seizures of property effected by customs officers shall be governed by this Act.

Aug 4, 198301
(Reported to Senate from the Committee on the Judiciary with amendment (without written report))

Comprehensive Forfeiture Act of 1983 - Title I: Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; and (2) real and tangible and intangible personal property.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Allows the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Title II: Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and disposition of property. Creates a rebuttable presumption of forfeitability of certain property.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Sets forth procedures for an ancillary hearing to resolve third party claims.

Title III: Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug-related forfeited property to other Federal State or local agencies.

Establishes within the United States Treasury, the "Drug Assets Forfeiture Fund" to pay for maintenance of forfeited property, awards to informants, liens and mortgages.

Title IV: Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.

Provides that seizures of property effected by customs officers shall be governed by this Act.

Mar 24, 198300

Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents.