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U.S. Code as of:
01/19/04
Section 2254. Civil forfeiture
(a) Property Subject to Civil Forfeiture. - The following
property shall be subject to forfeiture by the United States:
(1) Any visual depiction described in section 2251, 2251A, or
2252 of this chapter, or any book, magazine, periodical, film,
videotape or other matter which contains any such visual
depiction, which was produced, transported, mailed, shipped, or
received in violation of this chapter.
(2) Any property, real or personal, used or intended to be used
to commit or to promote the commission of an offense under this
chapter involving a visual depiction described in section 2251,
2251A, 2252, 2252A, or 2260 of this chapter, or used or intended
to be used to commit or to promote the commission of an offense
under section 2421, 2422, or 2423 of chapter 117,.(!1)
(3) Any property, real or personal, constituting or traceable
to gross profits or other proceeds obtained from a violation of
this chapter involving a visual depiction described in section
2251, 2251A, 2252, 2252A, or 2260 of this chapter, or obtained
from a violation of section 2421, 2422, or 2423 of chapter 117.
(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty
and Maritime Claims. - Any property subject to forfeiture to the
United States under this section may be seized by the Attorney
General, the Secretary of the Treasury, or the United States Postal
Service upon process issued pursuant to the Supplemental Rules for
Certain Admiralty and Maritime Claims by any district court of the
United States having jurisdiction over the property, except that
seizure without such process may be made when the seizure is
pursuant to a search under a search warrant or incident to an
arrest. The Government may request the issuance of a warrant
authorizing the seizure of property subject to forfeiture under
this section in the same manner as provided for a search warrant
under the Federal Rules of Criminal Procedure.
(c) Custody of Federal Official. - Property taken or detained
under this section shall not be repleviable, but shall be deemed to
be in the custody of the Attorney General, Secretary of the
Treasury, or the United States Postal Service subject only to the
orders and decrees of the court or the official having jurisdiction
thereof. Whenever property is seized under any of the provisions of
this subchapter, the Attorney General, Secretary of the Treasury,
or the United States Postal Service may -
(1) place the property under seal;
(2) remove the property to a place designated by the official
or agency; or
(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
(d) Other Laws and Proceedings Applicable. - All provisions of
the customs laws relating to the seizure, summary and judicial
forfeiture, and condemnation of property for violation of the
customs laws, the disposition of such property or the proceeds from
the sale thereof, the remission or mitigation of such forfeitures,
and the compromise of claims, shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under this
section, insofar as applicable and not inconsistent with the
provisions of this section, except that such duties as are imposed
upon the customs officer or any other person with respect to the
seizure and forfeiture of property under the customs laws shall be
performed with respect to seizures and forfeitures of property
under this section by such officers, agents, or other persons as
may be authorized or designated for that purpose by the Attorney
General, the Secretary of the Treasury, or the Postal Service,
except to the extent that such duties arise from seizures and
forfeitures affected by any customs officer.
(e) Inapplicability of Certain Sections. - Sections 1606, 1613,
1614, 1617, and 1618 of title 19, United States Code, shall not
apply with respect to any visual depiction or any matter containing
a visual depiction subject to forfeiture under subsection (a)(1) of
this section.
(f) Disposition of Forfeited Property. - Whenever property is
forfeited under this section the Attorney General shall destroy or
retain for official use any property described in paragraph (1) of
subsection (a) and, with respect to property described in paragraph
(2) or (3) of subsection (a), may -
(1) retain the property for official use or transfer the
custody or ownership of any forfeited property to a Federal,
State, or local agency under section 616 of the Tariff Act of
1930;
(2) sell, by public sale or any other commercially feasible
means, any forfeited property which is not required to be
destroyed by law and which is not harmful to the public; or
(3) require that the General Services Administration take
custody of the property and dispose of it in accordance with law.
The Attorney General, Secretary of the Treasury, or the United
States Postal Service shall ensure the equitable transfer pursuant
to paragraph (1) of any forfeited property to the appropriate State
or local law enforcement agency so as to reflect generally the
contribution of any such agency participating directly in any of
the acts which led to the seizure or forfeiture of such property. A
decision by an official or agency pursuant to paragraph (1) shall
not be subject to judicial review. With respect to a forfeiture
conducted by the Attorney General, the Attorney General shall
forward to the Treasurer of the United States for deposit in
accordance with section 524(c) of title 28 the proceeds from any
sale under paragraph (2) and any moneys forfeited under this
section. With respect to a forfeiture conducted by the Postal
Service, the proceeds from any sale under paragraph (2) and any
moneys forfeited under this section shall be deposited in the
Postal Service Fund as required by section 2003(b)(7) of title 39.
(g) Title to Property. - All right, title, and interest in
property described in subsection (a) of this section shall vest in
the United States upon commission of the act giving rise to
forfeiture under this section.
(h) Stay of Proceedings. - The filing of an indictment or
information alleging a violation of this chapter which is also
related to a civil forfeiture proceeding under this section shall,
upon motion of the United States and for good cause shown, stay the
civil forfeiture proceeding.
(i) Venue. - In addition to the venue provided for in section
1395 of title 28 or any other provision of law, in the case of
property of a defendant charged with a violation that is the basis
for forfeiture of the property under this section, a proceeding for
forfeiture under this section may be brought in the judicial
district in which the defendant owning such property is found or in
the judicial district in which the criminal prosecution is brought.
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