Page:United States Statutes at Large Volume 104 Part 6.djvu/484

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104 STAT. 4874 PUBLIC LAW 101-647—NOV. 29, 1990 (3) in subsection (e)(3), by striking "(if the affected financial institution is in receivership or liquidation)"; and (4) in subsection (e)(4), by striking "(if the affected Jjnancial institution is not in receivership or liquidation)". SEC. 2525. CIVIL AND CRIMINAL FORFEITURE FOR FRAUD IN THE SALE OF ASSETS BY THE RESOLUTION TRUST CORPORATION, FDIC, ORNCUA. (a) CIVIL FORFEITURE. — (1) IN GENERAL.— Section 981(a)(l) of title 18, United States Code, is amended by adding the following new subparagraphs: "(D) Any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, from a violation of— "(i) section 666(a)(l) (relating to Federal program fraud); "(ii) section 1001 (relating to fraud and false statements); "(iii) section 1031 (relating to major fraud against the United States); "(iv) section 1032 (relating to concealment of assets from conservator or receiver of insured financial institution); "(v) section 1341 (relating to mail fraud); or "(vi) section 1343 (relating to wire fraud), if such violation relates to the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution, or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision or the National Credit Union Administration, as conservator or liquidating agent for a financial institution. "(E) With respect to an offense listed in subsection (a)(l)(D) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent statements, pretenses, representations or promises, the gross receipts of such an of- fense shall include all property, real or personal, tangible or intangible, which thereby is obtained, directly or indirectly.". (2) TECHNICAL AND CONFORMING AMENDMENT.—Section 981(e) of title 18, United States Code, is amended by inserting after paragraph (6) (as added by section 108(3) of this Act) the following new paragraph: "(7) In the case of property referred to in subsection (a)(l)(D), to the Resolution Trust Corporation, the Federal Depc^it Insurance Corporation, or any other Federal financial institution regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act)v". (b) CRIMINAL FORFEITURE. —Section 982(a) of title 18, Uhited States Code, is amended by adding the following new paragraphs: "(3) The court, in imposing a sentence on a person convicted of an offense under— "(A) section 666(a)(l) (relating to Federal program fraud); "(B) section 1001 (relating to fraud and false statements); "(C) section 1031 (relating to major fraud against the United States); "(D) section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured financial institution);