A bill to amend section 1963 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 the 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 1983 - Title I - Amends the Racketeer Influenced and Corrupt Organizations Statute (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 entered 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.
Title II - 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.
Title III - 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, 1985.
Became Public Law No: 98-473.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Health and the Environment.
Referred to Subcommittee on Crime.
See H.J.Res.648.
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