Page:United States Statutes at Large Volume 114 Part 1.djvu/250

 114 STAT. 214 PUBLIC LAW 106-185—APR. 25, 2000 in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. "(B) The application for the restraining order shall set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture, and shall contain a statement that the restraining order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property under this subsection.". (b) DRUG FORFEITURES.— Section 511(b) of the Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as follows: "(b) SEIZURE PROCEDURES. — Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in section 981(b) of title 18, United States Code.". SEC. 6. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS. Section 981(e) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: "(6) as restoration to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified unlawful activity; or". SEC. 7. CIVIL FORFEITURE OF REAL PROPERTY. (a) IN GENERAL.— Chapter 46 of title 18, United States Code, is amended by inserting after section 984 the following: "§ 985. Civil forfeiture of real property "(a) Notwithstanding any other provision of law, all civil forfeitures of real property and interests in real property shall proceed as judicial forfeitures. "(b)(1) Except as provided in this section— "(A) real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture; and "(B) the owners or occupants of the real property shall not be evicted from, or otherwise deprived of the use and enjojment of, real property that is the subject of a pending forfeiture action. "(2) The filing of a lis pendens and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure under this subsection. "(c)(1) The Government shall initiate a civil forfeiture action against real property by— "(A) filing a complaint for forfeiture; "(B) posting a notice of the complaint on the property; and "(C) serving notice on the property owner, along with a copy of the complaint. "(2) If the property owner cannot be served with the notice under paragraph (1) because the owner— "(A) is a fugitive;

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