18 U.S.C. § 981
Civil forfeiture
United States · Title 18 — CRIMES AND CRIMINAL PROCEDURE · Status: effective
Cite this
- Citation
- 18 U.S.C. § 981, Civil forfeiture, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/449058
- Permanent ID
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Full text
The following property is subject to forfeiture to the United States:
Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense—
Any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, from a violation of—
Any property, real or personal, which represents or is traceable to the gross proceeds obtained, directly or indirectly, from a violation of—
All assets, foreign or domestic—
For purposes of paragraph (1), the term “proceeds” is defined as follows:
Seizures pursuant to this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure, except that a seizure may be made without a warrant if—
there is probable cause to believe that the property is subject to forfeiture and—
Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this subsection, the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, may—
Notwithstanding any other provision of the law, except section 3 of the Anti Drug Abuse Act of 1986, the Attorney General, the Secretary of the Treasury, or the Postal Service, as the case may be, is authorized to retain property forfeited pursuant to this section, or to transfer such property on such terms and conditions as he may determine—
in the case of property referred to in subsection (a)(1)(C), to any Federal financial institution regulatory agency—
Upon the motion of a claimant, the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that—
Whenever property is civilly or criminally forfeited under this chapter, the Attorney General or the Secretary of the Treasury, as the case may be, may transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer—
For purposes of this section—
For purposes of this subsection, the following definitions shall apply:
Except as provided in clause (ii), the term “owner”—
The foreign financial institution (as defined in section 984(c)(2)(A) of this title) may be considered the “owner” of the funds (and no other person shall qualify as the owner of such funds) only if—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Anti-Drug Abuse Act of 1986House: no recorded tallySenate: no recorded tally
- Anti-Drug Abuse Act of 1988House: no recorded tallySenate: no recorded tally
- Financial Institutions Reform, Recovery, and Enforcement Act of 1989House: no recorded tallySenate: no recorded tally
- Crime Control Act of 1990House: 313–1Senate: no recorded tally
- Treasury, Postal Service, and General Government Appropriations Act, 1993
- Anti-Car Theft Act of 1992House: no recorded tallySenate: no recorded tally
- Housing and Community Development Act of 1992House: 377–37Senate: no recorded tally
- Violent Crime Control and Law Enforcement Act of 1994
- International Narcotics Control Corrections Act of 1994House: no recorded tallySenate: no recorded tally
- Civil Asset Forfeiture Reform Act of 2000House: 375–48Senate: no recorded tally
- Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
- To implement the International Convention for the Suppression of Terrorist Bombings to strengthen criminal laws relating to attacks on places of public use, to implement the International Convention of the Suppression of the Financing of Terrorism, to combat terrorism and defend the Nation against terrorist acts, and for other purposes.
- 21st Century Department of Justice Appropriations Authorization ActHouse: 400–4Senate: no recorded tally
- USA PATRIOT Improvement and Reauthorization Act of 2005
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- SAFE DOSES ActHouse: no recorded tallySenate: no recorded tally
- North Korea Sanctions and Policy Enhancement Act of 2016