Page:United States Statutes at Large Volume 102 Part 5.djvu/488

 102 STAT. 4494

PUBLIC LAW 100-690—NOV. 18, 1988

"(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) CONSTRUCTION.—This section shall be liberally construed to effectuate its remedial purposes. "(n) SUBSTITUTE ASSETS.—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).". (b) REPEAL.—The last paragraph of section 1465 of title 18, United States Code, is repealed. (c) SEXUAL ABUSE OF CHILDREN.—Sections 2253 through 2254 of title 18, United States Code, are amended to read as follows: "§ 2253. Criminal forfeiture "(a) PROPERTY SUBJECT TO CRIMINAL FORFEITURE.—A person who is convicted of an offense under this chapter involving a visual depiction described in sections 2251, 2251A, or 2252 of this chapter shall forfeit to the United States such person's interest in— "(1) any visual depiction described in sections 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, constituting or traceable to gross profits or other proceeds obtained from such offense; and "(3) any property, real or personal, used or intended to be used to commit or to promote the commission of such offense. "(b) THIRD PARTY TRANSFERS.—All right, title, and interest in

property described in subsection (a) of this section 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 (m) of this section 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. "(c) PROTECTIVE ORDERS.—(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) of this section for forfeiture under this section—

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