A bill to amend section 1936 of title 18, United States Code, and the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.) to provide for criminal forfeiture of the proceeds of racketeering activity, to provide for the sanction of criminal forfeiture for all felony drug offenses, to facilitate forfeitures in drug related and racketeering cases, and for other purposes.
Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.
Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.
Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.
Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.
Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.
Creates a presumption of forfeitability where: (1) the defendant acquired the property within a reasonable period after commission of the violation; and (2) the defendant's legal sources of income are substantially insufficient to account for the acquisition.
Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.
Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.
Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for the payment of information or assistance leading to forfeiture. Terminates this program on September 30, 1984.
Senate insists on its amendments, asks for a conference, appoints conferees Thurmond; Laxalt; Hatch; Biden; DeConcini.
Referred to Subcommittee on Crime.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Ordered to be reported without amendment favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. With written report No. 97-520.
Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. With written report No. 97-520.
Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 749.
Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.
Passed Senate without amendment by Voice Vote.
Senate vitiated previous passage.
Senate passed related measure H.R. 7140 in lieu of this measure by Voice Vote.
Indefinitely postponed by Senate by Voice Vote.
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