Page:United States Statutes at Large Volume 114 Part 1.djvu/260

 114 STAT. 224 PUBLIC LAW 106-185—APR. 25, 2000 "(B) The Attorney General shall transmit to Congress and make available to the public, not later than 2 months after final issuance, the audited financial statements for each fiscal year for the Fund. "(C) Reports under subparagraph (A) shall include information with respect to all forfeitures under any law enforced or administered by the Department of Justice. "(D) The transmittal and publication requirements in subparagraphs (A) and (B) may be satisfied by— "(i) posting the reports on an Internet website maintained by the Department of Justice for a period of not less than 2 years; and "(ii) notifying the Committees on the Judiciary of the House of Representatives and the Senate when the reports are available electronically.". SEC. 20. PROCEEDS. (a) FORFEITURE OF PROCEEDS.—Section 981(a)(1)(C) of title 18, United States Code, is amended by striking "or a violation of section 1341" and all that follows and inserting "or any offense constituting 'specified unlawful activity (as defined in section 1956(c)(7) of this title), or a conspiracy to commit such offense.". (b) DEFINITION OF PROCEEDS.— Section 981(a) of title 18, United States Code, is amended by adding at the end the following: "(2) For purposes of paragraph (1), the term 'proceeds' is defined as follows: "(A) In cases involving illegal goods, illegal services, unlawful activities, and telemarketing and health care fraud schemes, the term 'proceeds' means property of any kind obtained directly or indirectly, as the result of the commission of the offense giving rise to forfeiture, and any property traceable thereto, and is not limited to the net g£dn or profit realized from the offense. "(B) In cases involving lawful goods or lawful services that are sold or provided in an illegal manner, the term 'proceeds' means the amount of money acquired through the illegal transactions resulting in the forfeiture, less the direct costs incurred in providing the goods or services. The claimant shall have the burden of proof with respect to the issue of direct costs. The direct costs shall not include any part of the overhead expenses of the entity providing the goods or services, or any part of the income taxes paid by the entity. "(C) In cases involving fraud in the process of obtaining a loan or extension of credit, the court shall allow the claimant a deduction from the forfeiture to the extent that the loan was repaid, or the debt was satisfied, without any financisQ loss to the victim.".

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