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Forum nameOkay Activist Archives
Topic subjectmore on the $$$
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=22&topic_id=20718&mesg_id=20722
20722, more on the $$$
Posted by janey, Mon Oct-16-00 07:30 AM
Partial text of Title 18 of the Code of Federal Regulations, with annotations by me (in caps).
This is the section that deals with criminal penalties under the RICO (Racketeer Influenced and Corrupt Organizations) statute, under which a fair number of drug related crimes are prosecuted.

Sec. 1963. Criminal penalties

THE FIRST PART IS THE JAIL TIME
(a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both,
HERE COMES THE MONEY PART
and shall forfeit to the United States, irrespective of any provision of State law (THEY MEAN "IN ADDITION TO FINES UNDER STATE LAW") -
(1) any interest the person has acquired or maintained in
violation of section 1962;
(2) any -
(A) interest in;
(B) security of;
(C) claim against; or
(D) property or contractual right of any kind affording a source of influence over;
any enterprise which the person has established, operated,
controlled, conducted, or participated in the conduct of, in violation of section 1962; and
(3) any property constituting, or derived from, any proceeds
which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
THE ABOVE MEANS THAT IF YOU GET MONEY FROM A CRIMINAL ACTIVITY AND INVEST IT IN SOMETHING, LIKE A HOUSE, A CAR, A BUSINESS, THEN WHATEVER YOU INVESTED IN IS SUBJECT TO FORFEITURE TO THE U.S. GOVERNMENT, PLUS TWICE THE GROSS (BEFORE TAX) PROFITS FROM THE INVESTMENT.

NOW THEY GO ON TO DEFINE WHAT IS SUBJECT TO FORFEITURE
(b) Property subject to criminal forfeiture under this section includes -
(1) real property, including things growing on, affixed to, and
found in land (THAT'S YOUR HOUSE OR ANY OTHER BUILDING YOU OWN); and
(2) tangible and intangible personal property, including
rights, privileges, interests, claims, and securities (PERSONAL PROPERTY IS EVERYTHING THAT ISN'T REAL ESTATE).
(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. (THIS MEANS THAT IT TECHNICALLY BELONGS TO THE GOVERNMENT AT THE TIME YOU COMMIT THE CRIME, SO IF YOU COMMIT A CRIME AND THEN GIVE THE PROPERTY TO SOMEONE ELSE, THAT TRANSFER IS VOID AND THE GOVERNMENT GETS IT ANYWAY) 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 (l) 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. (THIS MEANS THAT IF YOU BUY PROPERTY FROM SOMEONE THAT YOU THINK MIGHT BE A DRUG DEALER, YOU HAD REASONABLE CAUSE TO BELIEVE THAT THE PROPERTY WAS SUBJECT TO FORFEITURE, SO YOU HAVE TO GIVE IT TO THE GOVERNMENT EVEN THOUGH YOU DIDN'T DO ANYTHING WRONG)

(d)
(1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section -
(A) upon the filing of an indictment or information charging a
violation of section 1962 of this chapter and alleging that the
property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section;
or

THE FOLLOWING SECTION MEANS THAT BEFORE THEY EVEN ISSUE AN INDICTMENT, THE GOVERNMENT CAN SEIZE THE PROPERTY THAT THEY CLAIM WAS THE RESULT OF CRIMINAL ACTIVITY:
(B) prior to the filing of such an indictment or information,
if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that
-
(i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture (NOTICE THAT THE U.S. HAS TO SHOW THAT THERE IS SUBSTANTIAL PROBABILITY THAT THEY WILL PREVAIL WHEN THE ISSUE IS FINALLY BEFORE A COURT, BUT REMEMBER WHO IS DECIDING WHETHER THERE IS THAT PROBABILITY -- IT'S A COURT OF THE U.S. GOVERNMENT);

and
(ii) the need to preserve the availability of the property
through the entry of the requested order outweighs the hardship
on any party against whom the order is to be entered: Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed.




Peace.