Page:United States Statutes at Large Volume 114 Part 1.djvu/251

 PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 215 "(B) resides outside the United States and efforts at service pursuant to rule 4 of the Federal Rules of Civil Procedure are unavailing; or "(C) cannot be located despite the exercise of due diligence, constructive service may be made in accordance with the laws of the State in which the property is located. "(3) If real property has been posted in accordance with this subsection, it shall not be necessary for the court to issue an arrest warrant in rem, or to take any other action to establish in rem jurisdiction over the property. "(d)(1) Real property may be seized prior to the entry of an order of forfeiture if— "(A) the Government notifies the court that it intends to seize the property before trial; and "(B) the court— "(i) issues a notice of application for warrant, causes the notice to be served on the property owner and posted on the property, and conducts a hearing in which the property owner has a meaningful opportunity to be heard; or "(ii) makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard. "(2) For purposes of paragraph (l)(B)(ii), to establish exigent circumstances, the Government shall show that less restrictive measures such as a lis pendens, restraining order, or bond would not suffice to protect the Government's interests in preventing the sale, destructioif, or continued unlawful use of the real property. "(e) If the court authorizes a seizure of real property under subsection (d)(l)(B)(ii), it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure. "(f) This section— "(1) applies only to civil forfeitures of real property and interests in real property; "(2) does not apply to forfeitures of the proceeds of the sale of such property or interests, or of money or other assets intended to be used to acquire such property or interests; and "(3) shall not affect the authority of the court to enter a restraining order relating to real property.". (b) TECHNICAL AND CONFORMING AMENDMENT. — The analysis for chapter 46 of title 18, United States Code, is amended by inserting after the item relating to section 984 the following: "985. Civil forfeiture of real property.". SEC. 8. STAY OF CIVIL FORFEITirRE CASE. (a) IN GENERAL. —Section 981(g) of title 18, United States Code, is amended to read as follows: "(g)(1) Upon the motion of the United States, the court shall stay the civil forfeiture proceeding if the court determines that civil discovery will adversely affect the ability of the Government to conduct a related criminal investigation or the prosecution of a related criminal case. Applicability. Courts.

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