Page:United States Statutes at Large Volume 114 Part 1.djvu/254

 114 STAT. 218 PUBLIC LAW 106-185—APR. 25, 2000 SEC. 12. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEIZURE. Section 2232 of title 18, United States Code, is amended— (1) by striking subsections (a) and (b); (2) by inserting "(e) FOREIGN INTELLIGENCE SURVEIL- LANCE.— " before "Whoever, having knowledge that a Federal officer"; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting before subsection (d), as redesignated, the following: " (a) DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEI- ZURE. —Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government's lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both. "(b) IMPAIRMENT OF IN REM JURISDICTION.— Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, dsimage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court's continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both. " (c) NOTICE OF SEARCH OR EXECUTION OF SEIZURE WARRANT OR WARRANT OF ARREST IN REM.—Whoever, having knowledge that any person authorized to make searches and seizures, or to execute a seizure warrant or warrsmt of arrest in rem, in order to prevent the authorized seizing or securing of any person or property, gives notice or attempts to give notice in advance of the search, seizure, or execution of a seizure warrant or warrant of arrest in rem, to any person shall be fined under this title or imprisoned not more than 5 years, or both.". SEC. 13. FUNGIBLE PROPERTY IN BANK ACCOUNTS. (a) IN GENERAL. —Section 984 of title 18, United States Code, is amended— (1) by striking subsection (a) and redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (2) in subsection (a), as redesignated— (A) by striking "or other fungible propert}^' and inserting "or precious metals"; and (B) in paragraph (2), by striking "subsection (c)" and inserting "subsection (b)"; (3) in subsection (c), as redesignated— (A) by striking paragraph (1) and inserting the following: "(1) Subsection (a) does not apply to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture."; and

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