Page:United States Statutes at Large Volume 112 Part 4.djvu/897

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-868 "(c) REIMBURSEMENT OF COSTS.—The court shall order any person convicted of an offense under subsection (a) to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses. "§ 229B. Criminal forfeitures; destruction of weapons "(a) PROPERTY SUBJECT TO CRIMINAL FORFEITURE.— Any person convicted under section 229A(a) shall forfeit to the United States irrespective of any provision of State law— "(1) any property, real or personal, owned, possessed, or used by a person involved in the offense; "(2) any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and "(3) any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. "(b) PROCEDURES. — "(1) GENERAL. —Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections (b) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to— "(A) 'this subchapter or subchapter IF shall be deemed to be a reference to section 229A(a); and "(B) 'subsection (a)' shall be deemed to be a reference to subsection (a) of this section. " (2) TEMPORARY RESTRAINING ORDERS. — "(A) IN GENERAL. —For the purposes of forfeiture proceedings under this section, a temporary restraining order 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, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), 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 exigent circumstances exist that place the life or health of any person in danger. 59-194O-98 -29:QL3Part4

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