Page:United States Statutes at Large Volume 98 Part 2.djvu/885

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2045

"(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; "(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and "(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of section 408 of this title (21 U.S.C. 848), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this title or title III, that the person forfeit to the United States all property described in this subsection. "MEANING OF TERM 'PROPERTY'

"(b) Property subject to criminal forfeiture under this section includes— "(1) real property, including things growing on, affixed to, and found in land; and "(2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. "THIRD PARTY TRANSFERS

"(c) All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (o) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. "(d) If any of the property described in subsection (a)— "(1) cannot be located; "(2) has been transferred to, sold to, or deposited with a third party; "(3) has been placed beyond the jurisdiction of the court; "(4) has been substantially diminished in value by any act or omission of the defendant; or "(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). "REBUTTABLE PRESUMPTION

"(e) There is a rebuttable presumption at trial that any property of a person convicted of a felony under this title or title III is subject to forfeiture under this section if the United States establishes by a preponderance of the evidence that—

21 USC 951.