United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 17 - COINS AND CURRENCY
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U.S. Code as of: 01/22/02
Section 334. Issuance of Federal Reserve or national bank notes
Whoever, being a Federal Reserve Agent, or an agent or employee
of such Federal Reserve Agent, or of the Board of Governors of the
Federal Reserve System, issues or puts in circulation any Federal
Reserve notes, without complying with or in violation of the
provisions of law regulating the issuance and circulation of such
Federal Reserve notes; or
Whoever, being an officer acting under the provisions of chapter
2 of Title 12, countersigns or delivers to any national banking
association, or to any other company or person, any circulating
notes contemplated by that chapter except in strict accordance with
its provisions -
Shall be fined under this title or imprisoned not more than five
years, or both.
United States Code
TITLE 12 - BANKS AND BANKING
CHAPTER 3 - FEDERAL RESERVE SYSTEM
SUBCHAPTER XII - FEDERAL RESERVE NOTES
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U.S. Code as of: 01/22/02
Section 411. Issuance to reserve banks; nature of obligation; redemption
Federal reserve notes, to be issued at the discretion of the
Board of Governors of the Federal Reserve System for the purpose of
making advances to Federal reserve banks through the Federal
reserve agents as hereinafter set forth and for no other purpose,
are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public
dues. They shall be redeemed in lawful money on demand at the
Treasury Department of the United States, in the city of
Washington, District of Columbia, or at any Federal Reserve bank.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 19 - CONSPIRACY
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U.S. Code as of: 01/22/02
Section 371. Conspiracy to commit offense or to defraud United States
If two or more persons conspire either to commit any offense
against the United States, or to defraud the United States, or any
agency thereof in any manner or for any purpose, and one or more of
such persons do any act to effect the object of the conspiracy,
each shall be fined under this title or imprisoned not more than
five years, or both.
If, however, the offense, the commission of which is the object
of the conspiracy, is a misdemeanor only, the punishment for such
conspiracy shall not exceed the maximum punishment provided for
such misdemeanor.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
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U.S. Code as of: 01/22/02
Section 471. Obligations or securities of United States
Whoever, with intent to defraud, falsely makes, forges,
counterfeits, or alters any obligation or other security of the
United States, shall be fined under this title or imprisoned not
more than 20 years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
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U.S. Code as of: 01/22/02
Section 472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or with like
intent brings into the United States or keeps in possession or
conceals any falsely made, forged, counterfeited, or altered
obligation or other security of the United States, shall be fined
under this title or imprisoned not more than 20 years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 25 - COUNTERFEITING AND FORGERY
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U.S. Code as of: 01/22/02
Section 473. Dealing in counterfeit obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers
any false, forged, counterfeited, or altered obligation or other
security of the United States, with the intent that the same be
passed, published, or used as true and genuine, shall be fined
under this title or imprisoned not more than 20 years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
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U.S. Code as of: 01/22/02
Section 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States, conceals and does not
as soon as possible make known the same to some judge or other
person in civil or military authority under the United States,
shall be fined under this title or imprisoned not more than three
years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
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U.S. Code as of: 01/22/02
Section 2. Principals
(a) Whoever commits an offense against the United States or aids,
abets, counsels, commands, induces or procures its commission, is
punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly
performed by him or another would be an offense against the United
States, is punishable as a principal.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
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U.S. Code as of: 01/22/02
Section 3. Accessory after the fact
Whoever, knowing that an offense against the United States has
been committed, receives, relieves, comforts or assists the
offender in order to hinder or prevent his apprehension, trial or
punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an
accessory after the fact shall be imprisoned not more than one-half
the maximum term of imprisonment or (notwithstanding section 3571)
fined not more than one-half the maximum fine prescribed for the
punishment of the principal, or both; or if the principal is
punishable by life imprisonment or death, the accessory shall be
imprisoned not more than 15 years.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 31 - EMBEZZLEMENT AND THEFT
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U.S. Code as of: 01/22/02
Section 652. Disbursing officer paying lesser in lieu of lawful amount
Whoever, being an officer, clerk, agent, employee, or other
person charged with the payment of any appropriation made by
Congress, pays to any clerk or other employee of the United States,
or of any department or agency thereof, a sum less than that
provided by law, and requires such employee to receipt or give a
voucher for an amount greater than that actually paid to and
received by him, is guilty of embezzlement, and shall be fined
under this title or in double the amount so withheld, whichever is
greater, or imprisoned not more than two years, or both; but if the
amount embezzled is $1,000 or less, he shall be fined under this
title or imprisoned not more than one year, or both.
United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 31 - EMBEZZLEMENT AND THEFT -------------------------------------------------------------------------------- U.S. Code as of: 01/22/02 Section 656. Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) (FOOTNOTE 1) of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both. (FOOTNOTE 1) See References in Text note below. As used in this section, the term ''national bank'' is synonymous with ''national banking association''; ''member bank'' means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; ''insured bank'' includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term ''branch or agency of a foreign bank'' means a branch or agency described in section 20(9) of this title. For purposes of this section, the term ''depository institution holding company'' has the meaning given such term in section 3 of the Federal Deposit Insurance Act.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS
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U.S. Code as of: 01/22/02
Section 891. Definitions and rules of construction
For the purposes of this chapter:
(1) To extend credit means to make or renew any loan, or to enter
into any agreement, tacit or express, whereby the repayment or
satisfaction of any debt or claim, whether acknowledged or
disputed, valid or invalid, and however arising, may or will be
deferred.
(2) The term ''creditor'', with reference to any given extension
of credit, refers to any person making that extension of credit, or
to any person claiming by, under, or through any person making that
extension of credit.
(3) The term ''debtor'', with reference to any given extension of
credit, refers to any person to whom that extension of credit is
made, or to any person who guarantees the repayment of that
extension of credit, or in any manner undertakes to indemnify the
creditor against loss resulting from the failure of any person to
whom that extension of credit is made to repay the same.
(4) The repayment of any extension of credit includes the
repayment, satisfaction, or discharge in whole or in part of any
debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(5) To collect an extension of credit means to induce in any way
any person to make repayment thereof.
(6) An extortionate extension of credit is any extension of
credit with respect to which it is the understanding of the
creditor and the debtor at the time it is made that delay in making
repayment or failure to make repayment could result in the use of
violence or other criminal means to cause harm to the person,
reputation, or property of any person.
(7) An extortionate means is any means which involves the use, or
an express or implicit threat of use, of violence or other criminal
means to cause harm to the person, reputation, or property of any
person.
(8) The term ''State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, and territories and possessions of the
United States.
(9) State law, including conflict of laws rules, governing the
enforceability through civil judicial processes of repayment of any
extension of credit or the performance of any promise given in
consideration thereof shall be judicially noticed. This paragraph
does not impair any authority which any court would otherwise have
to take judicial notice of any matter of State law.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS
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U.S. Code as of: 01/22/02
Section 892. Making extortionate extensions of credit
(a) Whoever makes any extortionate extension of credit, or
conspires to do so, shall be fined under this title or imprisoned
not more than 20 years, or both.
(b) In any prosecution under this section, if it is shown that
all of the following factors were present in connection with the
extension of credit in question, there is prima facie evidence that
the extension of credit was extortionate, but this subsection is
nonexclusive and in no way limits the effect or applicability of
subsection (a):
(1) The repayment of the extension of credit, or the
performance of any promise given in consideration thereof, would
be unenforceable, through civil judicial processes against the
debtor
(A) in the jurisdiction within which the debtor, if a natural
person, resided or
(B) in every jurisdiction within which the debtor, if other
than a natural person, was incorporated or qualified to do
business at the time the extension of credit was made.
(2) The extension of credit was made at a rate of interest in
excess of an annual rate of 45 per centum calculated according to
the actuarial method of allocating payments made on a debt
between principal and interest, pursuant to which a payment is
applied first to the accumulated interest and the balance is
applied to the unpaid principal.
(3) At the time the extension of credit was made, the debtor
reasonably believed that either
(A) one or more extensions of credit by the creditor had been
collected or attempted to be collected by extortionate means,
or the nonrepayment thereof had been punished by extortionate
means; or
(B) the creditor had a reputation for the use of extortionate
means to collect extensions of credit or to punish the
nonrepayment thereof.
(4) Upon the making of the extension of credit, the total of
the extensions of credit by the creditor to the debtor then
outstanding, including any unpaid interest or similar charges,
exceeded $100.
(c) In any prosecution under this section, if evidence has been
introduced tending to show the existence of any of the
circumstances described in subsection (b)(1) or (b)(2), and direct
evidence of the actual belief of the debtor as to the creditor's
collection practices is not available, then for the purpose of
showing the understanding of the debtor and the creditor at the
time the extension of credit was made, the court may in its
discretion allow evidence to be introduced tending to show the
reputation as to collection practices of the creditor in any
community of which the debtor was a member at the time of the
extension.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS
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U.S. Code as of: 01/22/02
Section 893. Financing extortionate extensions of credit
Whoever willfully advances money or property, whether as a gift,
as a loan, as an investment, pursuant to a partnership or
profit-sharing agreement, or otherwise, to any person, with
reasonable grounds to believe that it is the intention of that
person to use the money or property so advanced directly or
indirectly for the purpose of making extortionate extensions of
credit, shall be fined under this title or an amount not exceeding
twice the value of the money or property so advanced, whichever is
greater, or shall be imprisoned not more than 20 years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS
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U.S. Code as of: 01/22/02
Section 894. Collection of extensions of credit by extortionate means
(a) Whoever knowingly participates in any way, or conspires to do
so, in the use of any extortionate means
(1) to collect or attempt to collect any extension of credit,
or
(2) to punish any person for the nonrepayment thereof,
shall be fined under this title or imprisoned not more than 20
years, or both.
(b) In any prosecution under this section, for the purpose of
showing an implicit threat as a means of collection, evidence may
be introduced tending to show that one or more extensions of credit
by the creditor were, to the knowledge of the person against whom
the implicit threat was alleged to have been made, collected or
attempted to be collected by extortionate means or that the
nonrepayment thereof was punished by extortionate means.
(c) In any prosecution under this section, if evidence has been
introduced tending to show the existence, at the time the extension
of credit in question was made, of the circumstances described in
section 892(b)(1) or the circumstances described in section
892(b)(2), and direct evidence of the actual belief of the debtor
as to the creditor's collection practices is not available, then
for the purpose of showing that words or other means of
communication, shown to have been employed as a means of
collection, in fact carried an express or implicit threat, the
court may in its discretion allow evidence to be introduced tending
to show the reputation of the defendant in any community of which
the person against whom the alleged threat was made was a member at
the time of the collection or attempt at collection.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
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U.S. Code as of: 01/22/02
Section 1961. Definitions
As used in this chapter -
(1) ''racketeering activity'' means (A) any act or threat
involving murder, kidnapping, gambling, arson, robbery, bribery,
extortion, dealing in obscene matter, or dealing in a controlled
substance or listed chemical (as defined in section 102 of the
Controlled Substances Act), which is chargeable under State law
and punishable by imprisonment for more than one year; (B) any
act which is indictable under any of the following provisions of
title 18, United States Code: Section 201 (relating to bribery),
section 224 (relating to sports bribery), sections 471, 472, and
473 (relating to counterfeiting), section 659 (relating to theft
from interstate shipment) if the act indictable under section 659
is felonious, section 664 (relating to embezzlement from pension
and welfare funds), sections 891-894 (relating to extortionate
credit transactions), section 1028 (relating to fraud and related
activity in connection with identification documents), section
1029 (relating to fraud and related activity in connection with
access devices), section 1084 (relating to the transmission of
gambling information), section 1341 (relating to mail fraud),
section 1343 (relating to wire fraud), section 1344 (relating to
financial institution fraud), section 1425 (relating to the
procurement of citizenship or nationalization unlawfully),
section 1426 (relating to the reproduction of naturalization or
citizenship papers), section 1427 (relating to the sale of
naturalization or citizenship papers), sections 1461-1465
(relating to obscene matter), section 1503 (relating to
obstruction of justice), section 1510 (relating to obstruction of
criminal investigations), section 1511 (relating to the
obstruction of State or local law enforcement), section 1512
(relating to tampering with a witness, victim, or an informant),
section 1513 (relating to retaliating against a witness, victim,
or an informant), section 1542 (relating to false statement in
application and use of passport), section 1543 (relating to
forgery or false use of passport), section 1544 (relating to
misuse of passport), section 1546 (relating to fraud and misuse
of visas, permits, and other documents), sections 1581-1588
(relating to peonage and slavery), section 1951 (relating to
interference with commerce, robbery, or extortion), section 1952
(relating to racketeering), section 1953 (relating to interstate
transportation of wagering paraphernalia), section 1954 (relating
to unlawful welfare fund payments), section 1955 (relating to the
prohibition of illegal gambling businesses), section 1956
(relating to the laundering of monetary instruments), section
1957 (relating to engaging in monetary transactions in property
derived from specified unlawful activity), section 1958 (relating
to use of interstate commerce facilities in the commission of
murder-for-hire), sections 2251, 2251A, 2252, and 2260 (relating
to sexual exploitation of children), sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate transportation of
stolen property), section 2318 (relating to trafficking in
counterfeit labels for phonorecords, computer programs or
computer program documentation or packaging and copies of motion
pictures or other audiovisual works), section 2319 (relating to
criminal infringement of a copyright), section 2319A (relating to
unauthorized fixation of and trafficking in sound recordings and
music videos of live musical performances), section 2320
(relating to trafficking in goods or services bearing counterfeit
marks), section 2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts), sections 2341-2346 (relating to
trafficking in contraband cigarettes), sections 2421-24 (relating
to white slave traffic), (C) any act which is indictable under
title 29, United States Code, section 186 (dealing with
restrictions on payments and loans to labor organizations) or
section 501(c) (relating to embezzlement from union funds), (D)
any offense involving fraud connected with a case under title 11
(except a case under section 157 of this title), fraud in the
sale of securities, or the felonious manufacture, importation,
receiving, concealment, buying, selling, or otherwise dealing in
a controlled substance or listed chemical (as defined in section
102 of the Controlled Substances Act), punishable under any law
of the United States, (E) any act which is indictable under the
Currency and Foreign Transactions Reporting Act, (F) any act
which is indictable under the Immigration and Nationality Act,
section 274 (relating to bringing in and harboring certain
aliens), section 277 (relating to aiding or assisting certain
aliens to enter the United States), or section 278 (relating to
importation of alien for immoral purpose) if the act indictable
under such section of such Act was committed for the purpose of
financial gain, or (G) any act that is indictable under any
provision listed in section 2332b(g)(5)(B);
(2) ''State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, any
territory or possession of the United States, any political
subdivision, or any department, agency, or instrumentality
thereof;
(3) ''person'' includes any individual or entity capable of
holding a legal or beneficial interest in property;
(4) ''enterprise'' includes any individual, partnership,
corporation, association, or other legal entity, and any union or
group of individuals associated in fact although not a legal
entity;
(5) ''pattern of racketeering activity'' requires at least two
acts of racketeering activity, one of which occurred after the
effective date of this chapter and the last of which occurred
within ten years (excluding any period of imprisonment) after the
commission of a prior act of racketeering activity;
(6) ''unlawful debt'' means a debt (A) incurred or contracted
in gambling activity which was in violation of the law of the
United States, a State or political subdivision thereof, or which
is unenforceable under State or Federal law in whole or in part
as to principal or interest because of the laws relating to
usury, and (B) which was incurred in connection with the business
of gambling in violation of the law of the United States, a State
or political subdivision thereof, or the business of lending
money or a thing of value at a rate usurious under State or
Federal law, where the usurious rate is at least twice the
enforceable rate;
(7) ''racketeering investigator'' means any attorney or
investigator so designated by the Attorney General and charged
with the duty of enforcing or carrying into effect this chapter;
(8) ''racketeering investigation'' means any inquiry conducted
by any racketeering investigator for the purpose of ascertaining
whether any person has been involved in any violation of this
chapter or of any final order, judgment, or decree of any court
of the United States, duly entered in any case or proceeding
arising under this chapter;
(9) ''documentary material'' includes any book, paper,
document, record, recording, or other material; and
(10) ''Attorney General'' includes the Attorney General of the
United States, the Deputy Attorney General of the United States,
the Associate Attorney General of the United States, any
Assistant Attorney General of the United States, or any employee
of the Department of Justice or any employee of any department or
agency of the United States so designated by the Attorney General
to carry out the powers conferred on the Attorney General by this
chapter. Any department or agency so designated may use in
investigations authorized by this chapter either the
investigative provisions of this chapter or the investigative
power of such department or agency otherwise conferred by law.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
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U.S. Code as of: 01/22/02
Section 1962. Prohibited activities
(a) It shall be unlawful for any person who has received any
income derived, directly or indirectly, from a pattern of
racketeering activity or through collection of an unlawful debt in
which such person has participated as a principal within the
meaning of section 2, title 18, United States Code, to use or
invest, directly or indirectly, any part of such income, or the
proceeds of such income, in acquisition of any interest in, or the
establishment or operation of, any enterprise which is engaged in,
or the activities of which affect, interstate or foreign commerce.
A purchase of securities on the open market for purposes of
investment, and without the intention of controlling or
participating in the control of the issuer, or of assisting another
to do so, shall not be unlawful under this subsection if the
securities of the issuer held by the purchaser, the members of his
immediate family, and his or their accomplices in any pattern or
racketeering activity or the collection of an unlawful debt after
such purchase do not amount in the aggregate to one percent of the
outstanding securities of any one class, and do not confer, either
in law or in fact, the power to elect one or more directors of the
issuer.
(b) It shall be unlawful for any person through a pattern of
racketeering activity or through collection of an unlawful debt to
acquire or maintain, directly or indirectly, any interest in or
control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated
with any enterprise engaged in, or the activities of which affect,
interstate or foreign commerce, to conduct or participate, directly
or indirectly, in the conduct of such enterprise's affairs through
a pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate
any of the provisions of subsection (a), (b), or (c) of this
section.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
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U.S. Code as of: 01/22/02
Section 1963. Criminal penalties
(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, and shall forfeit to the United States, irrespective of
any provision of 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.
(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.
(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 (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.
(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
(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; 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.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not
yet been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the
property with respect to which the order is sought would, in the
event of conviction, be subject to forfeiture under this section
and that provision of notice will jeopardize the availability of
the property for forfeiture. Such a temporary order shall expire
not more than ten days after the date on which it is entered,
unless extended for good cause shown or unless the party against
whom it is entered consents to an extension for a longer period. A
hearing requested concerning an order entered under this paragraph
shall be held at the earliest possible time, and prior to the
expiration of the temporary order.
(3) The court may receive and consider, at a hearing held
pursuant to this subsection, evidence and information that would be
inadmissible under the Federal Rules of Evidence.
(e) Upon conviction of a person under this section, the court
shall enter a judgment of forfeiture of the property to the United
States and shall also authorize the Attorney General to seize all
property ordered forfeited upon such terms and conditions as the
court shall deem proper. Following the entry of an order declaring
the property forfeited, the court may, upon application of the
United States, enter such appropriate restraining orders or
injunctions, require the execution of satisfactory performance
bonds, appoint receivers, conservators, appraisers, accountants, or
trustees, or take any other action to protect the interest of the
United States in the property ordered forfeited. Any income
accruing to, or derived from, an enterprise or an interest in an
enterprise which has been ordered forfeited under this section may
be used to offset ordinary and necessary expenses to the enterprise
which are required by law, or which are necessary to protect the
interests of the United States or third parties.
(f) Following the seizure of property ordered forfeited under
this section, the Attorney General shall direct the disposition of
the property by sale or any other commercially feasible means,
making due provision for the rights of any innocent persons. Any
property right or interest not exercisable by, or transferable for
value to, the United States shall expire and shall not revert to
the defendant, nor shall the defendant or any person acting in
concert with or on behalf of the defendant be eligible to purchase
forfeited property at any sale held by the United States. Upon
application of a person, other than the defendant or a person
acting in concert with or on behalf of the defendant, the court may
restrain or stay the sale or disposition of the property pending
the conclusion of any appeal of the criminal case giving rise to
the forfeiture, if the applicant demonstrates that proceeding with
the sale or disposition of the property will result in irreparable
injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b),
the proceeds of any sale or other disposition of property forfeited
under this section and any moneys forfeited shall be used to pay
all proper expenses for the forfeiture and the sale, including
expenses of seizure, maintenance and custody of the property
pending its disposition, advertising and court costs. The Attorney
General shall deposit in the Treasury any amounts of such proceeds
or moneys remaining after the payment of such expenses.
(g) With respect to property ordered forfeited under this
section, the Attorney General is authorized to -
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this
chapter, or take any other action to protect the rights of
innocent persons which is in the interest of justice and which is
not inconsistent with the provisions of this chapter;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information
resulting in a forfeiture under this section;
(4) direct the disposition by the United States of all property
ordered forfeited under this section by public sale or any other
commercially feasible means, making due provision for the rights
of innocent persons; and
(5) take appropriate measures necessary to safeguard and
maintain property ordered forfeited under this section pending
its disposition.
(h) The Attorney General may promulgate regulations with respect
to -
(1) making reasonable efforts to provide notice to persons who
may have an interest in property ordered forfeited under this
section;
(2) granting petitions for remission or mitigation of
forfeiture;
(3) the restitution of property to victims of an offense
petitioning for remission or mitigation of forfeiture under this
chapter;
(4) the disposition by the United States of forfeited property
by public sale or other commercially feasible means;
(5) the maintenance and safekeeping of any property forfeited
under this section pending its disposition; and
(6) the compromise of claims arising under this chapter.
Pending the promulgation of such regulations, all provisions of law
relating to the disposition of property, or the proceeds from the
sale thereof, or the remission or mitigation of forfeitures for
violation of the customs laws, and the compromise of claims and the
award of compensation to informers in respect of such forfeitures
shall apply to forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as
applicable and not inconsistent with the provisions hereof. Such
duties as are imposed upon the Customs Service or any person with
respect to the disposition of property under the customs law shall
be performed under this chapter by the Attorney General.
(i) Except as provided in subsection (l), no party claiming an
interest in property subject to forfeiture under this section may -
(1) intervene in a trial or appeal of a criminal case involving
the forfeiture of such property under this section; or
(2) commence an action at law or equity against the United
States concerning the validity of his alleged interest in the
property subsequent to the filing of an indictment or information
alleging that the property is subject to forfeiture under this
section.
(j) The district courts of the United States shall have
jurisdiction to enter orders as provided in this section without
regard to the location of any property which may be subject to
forfeiture under this section or which has been ordered forfeited
under this section.
(k) In order to facilitate the identification or location of
property declared forfeited and to facilitate the disposition of
petitions for remission or mitigation of forfeiture, after the
entry of an order declaring property forfeited to the United States
the court may, upon application of the United States, order that
the testimony of any witness relating to the property forfeited be
taken by deposition and that any designated book, paper, document,
record, recording, or other material not privileged be produced at
the same time and place, in the same manner as provided for the
taking of depositions under Rule 15 of the Federal Rules of
Criminal Procedure.
(l)(1) Following the entry of an order of forfeiture under this
section, the United States shall publish notice of the order and of
its intent to dispose of the property in such manner as the
Attorney General may direct. The Government may also, to the
extent practicable, provide direct written notice to any person
known to have alleged an interest in the property that is the
subject of the order of forfeiture as a substitute for published
notice as to those persons so notified.
(2) Any person, other than the defendant, asserting a legal
interest in property which has been ordered forfeited to the United
States pursuant to this section may, within thirty days of the
final publication of notice or his receipt of notice under
paragraph (1), whichever is earlier, petition the court for a
hearing to adjudicate the validity of his alleged interest in the
property. The hearing shall be held before the court alone,
without a jury.
(3) The petition shall be signed by the petitioner under penalty
of perjury and shall set forth the nature and extent of the
petitioner's right, title, or interest in the property, the time
and circumstances of the petitioner's acquisition of the right,
title, or interest in the property, any additional facts supporting
the petitioner's claim, and the relief sought.
(4) The hearing on the petition shall, to the extent practicable
and consistent with the interests of justice, be held within thirty
days of the filing of the petition. The court may consolidate the
hearing on the petition with a hearing on any other petition filed
by a person other than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present
evidence and witnesses on his own behalf, and cross-examine
witnesses who appear at the hearing. The United States may present
evidence and witnesses in rebuttal and in defense of its claim to
the property and cross-examine witnesses who appear at the
hearing. In addition to testimony and evidence presented at the
hearing, the court shall consider the relevant portions of the
record of the criminal case which resulted in the order of
forfeiture.
(6) If, after the hearing, the court determines that the
petitioner has established by a preponderance of the evidence that
-
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title,
or interest was vested in the petitioner rather than the
defendant or was superior to any right, title, or interest of the
defendant at the time of the commission of the acts which gave
rise to the forfeiture of the property under this section; or
(B) the petitioner is a bona fide purchaser for value of the
right, title, or interest in the property and was at the time of
purchase reasonably without cause to believe that the property
was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with
its determination.
(7) Following the court's disposition of all petitions filed
under this subsection, or if no such petitions are filed following
the expiration of the period provided in paragraph (2) for the
filing of such petitions, the United States shall have clear title
to property that is the subject of the order of forfeiture and may
warrant good title to any subsequent purchaser or transferee.
(m) If any of the property described in subsection (a), as a
result of any act or omission of the defendant -
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or 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; 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).
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
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U.S. Code as of: 01/22/02
Section 1964. Civil remedies
(a) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of section 1962 of
this chapter by issuing appropriate orders, including, but not
limited to: ordering any person to divest himself of any interest,
direct or indirect, in any enterprise; imposing reasonable
restrictions on the future activities or investments of any person,
including, but not limited to, prohibiting any person from engaging
in the same type of endeavor as the enterprise engaged in, the
activities of which affect interstate or foreign commerce; or
ordering dissolution or reorganization of any enterprise, making
due provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this
section. Pending final determination thereof, the court may at any
time enter such restraining orders or prohibitions, or take such
other actions, including the acceptance of satisfactory performance
bonds, as it shall deem proper.
(c) Any person injured in his business or property by reason of a
violation of section 1962 of this chapter may sue therefor in any
appropriate United States district court and shall recover
threefold the damages he sustains and the cost of the suit,
including a reasonable attorney's fee, except that no person may
rely upon any conduct that would have been actionable as fraud in
the purchase or sale of securities to establish a violation of
section 1962. The exception contained in the preceding sentence
does not apply to an action against any person that is criminally
convicted in connection with the fraud, in which case the statute
of limitations shall start to run on the date on which the
conviction becomes final.
(d) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States
under this chapter shall estop the defendant from denying the
essential allegations of the criminal offense in any subsequent
civil proceeding brought by the United States.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
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U.S. Code as of: 01/22/02
Section 2381. Treason
Whoever, owing allegiance to the United States, levies war
against them or adheres to their enemies, giving them aid and
comfort within the United States or elsewhere, is guilty of treason
and shall suffer death, or shall be imprisoned not less than five
years and fined under this title but not less than $10,000; and
shall be incapable of holding any office under the United States.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
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U.S. Code as of: 01/22/02
Section 2382. Misprision of treason
Whoever, owing allegiance to the United States and having
knowledge of the commission of any treason against them, conceals
and does not, as soon as may be, disclose and make known the same
to the President or to some judge of the United States, or to the
governor or to some judge or justice of a particular State, is
guilty of misprision of treason and shall be fined under this title
or imprisoned not more than seven years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
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U.S. Code as of: 01/22/02
Section 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any
rebellion or insurrection against the authority of the United
States or the laws thereof, or gives aid or comfort thereto, shall
be fined under this title or imprisoned not more than ten years, or
both; and shall be incapable of holding any office under the United
States.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
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U.S. Code as of: 01/22/02
Section 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place
subject to the jurisdiction of the United States, conspire to
overthrow, put down, or to destroy by force the Government of the
United States, or to levy war against them, or to oppose by force
the authority thereof, or by force to prevent, hinder, or delay the
execution of any law of the United States, or by force to seize,
take, or possess any property of the United States contrary to the
authority thereof, they shall each be fined under this title or
imprisoned not more than twenty years, or both.
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
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U.S. Code as of: 01/22/02
Section 2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or
teaches the duty, necessity, desirability, or propriety of
overthrowing or destroying the government of the United States or
the government of any State, Territory, District or Possession
thereof, or the government of any political subdivision therein, by
force or violence, or by the assassination of any officer of any
such government; or
Whoever, with intent to cause the overthrow or destruction of any
such government, prints, publishes, edits, issues, circulates,
sells, distributes, or publicly displays any written or printed
matter advocating, advising, or teaching the duty, necessity,
desirability, or propriety of overthrowing or destroying any
government in the United States by force or violence, or attempts
to do so; or
Whoever organizes or helps or attempts to organize any society,
group, or assembly of persons who teach, advocate, or encourage the
overthrow or destruction of any such government by force or
violence; or becomes or is a member of, or affiliates with, any
such society, group, or assembly of persons, knowing the purposes
thereof -
Shall be fined under this title or imprisoned not more than
twenty years, or both, and shall be ineligible for employment by
the United States or any department or agency thereof, for the five
years next following his conviction.
If two or more persons conspire to commit any offense named in
this section, each shall be fined under this title or imprisoned
not more than twenty years, or both, and shall be ineligible for
employment by the United States or any department or agency
thereof, for the five years next following his conviction.
As used in this section, the terms ''organizes'' and
''organize'', with respect to any society, group, or assembly of
persons, include the recruiting of new members, the forming of new
units, and the regrouping or expansion of existing clubs, classes,
and other units of such society, group, or assembly of persons.