Page:United States Statutes at Large Volume 114 Part 1.djvu/175

 PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 139 take such other actions (including the acceptance of satisfactory performance bonds) as the court deems proper. "(3) ESTOPPEL. —A final judgment rendered in favor of the United States in any criminal proceeding brought under this section shall stop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States. " (d) CRIMINAL FORFEITURE. — "(1) IN GENERAL.—The court, in imposing sentence on any person convicted of an offense under this section, shall order, in addition to any other sentence and irrespective of any provision of State law, that the person forfeit to the United States— "(A) any property constituting, or derived from, any proceeds that the person obtained, directly or indirectly, as a result of the offense; and "(B) any property used, or intended to be used in any manner, to commit or facilitate the commission of the offense, if the court in its discretion so determines, taking into consideration the nature, scope, and proportionality of the use of the property on the offense. "(2) APPLICATION OF OTHER LAW.— The forfeiture of property under this section, including any seizure and disposition of the property, and any proceedings relating to the property, shall be governed by section 413 of the Comprehensive Drug Abuse and Prevention Act of 1970 (21 U.S.C. 853) (not including subsection (d) of that section). "(e) CONSTRUCTION WITH OTHER LAW.—This section does not preempt or displace any other remedy, civil or criminal, provided by Federal or State law for the fraudulent importation, sale, trade, installation, or introduction into commerce of an aircraft or space vehicle part. "(f) TERRITORIAL SCOPE.— This section also applies to conduct occurring outside the United States if— "(1) the offender is a natural person who is a citizen or permanent resident alien of the United States, or an organization organized under the laws of the United States or political subdivision thereof; "(2) the aircraft or spacecraft part as to which the violation relates was installed in an aircraft or space vehicle owned or operated at the time of the offense by a citizen or permanent resident alien of the United States, or by an organization thereof; or "(3) an act in furtherance of the offense was committed in the United States.". (2) CONFORMING AMENDMENTS. — (A) CHAPTER ANALYSIS. — The analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following: "38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce.". (B) WIRE AND ELECTRONIC COMMUNICATIONS. — Section 2516(l)(c) of title 18, United States Code, is amended by inserting "section 38 (relating to aircraft parts fraud)," after "section 32 (relating to destruction of aircraft or aircraft facilities),".

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