Page:United States Statutes at Large Volume 115 Part 1.djvu/333

 PUBLIC LAW 107-56—OCT. 26, 2001 115 STAT. 311 " (B) APPOINTMENT AND AUTHORITY. —^A Federal Receiver described in subparagraph (A)— "(i) may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case; "(ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and "(iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant— "(I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or "(II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.". SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK Section 1956(c) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: "(6) the term 'financial institution' includes— "(A) any financial institution, as defined in section 5312(a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and "(B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101).". SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK ACCOUNTS. (a) FORFEITURE FROM UNITED STATES INTERBANK ACCOUNT.— Section 981 of title 18, United States Code, is amended by adding at the end the following: "(k) INTERBANK ACCOUNTS.— "(1) IN GENERAL.— "(A) IN GENERAL.—For the purpose of a forfeiture under this section or under the Controlled Substances Act (21 U.S.C. 801 et seq.), if funds are deposited into an account at a foreign bank, and that foreign bank has an interbank account in the United States with a covered financial institution (as defined in section 5318(j)(l) of title 31), the funds shall be deemed to have been deposited into the interbank account in the United States, and any restraining order, seizure warrant, or arrest warrant in rem regarding the funds may be served on the covered financial institution, and funds in the interbank account, up to the value of the funds deposited into the account at the foreign bank, may be restrained, seized, or arrested. "(B) AUTHORITY TO SUSPEND.— The Attorney General, in consultation with the Secretary of the Treasury, may suspend or terminate a forfeiture under this section if the Attorney General determines that a conflict of law exists between the laws of the jurisdiction in which the foreign bank is located and the laws of the United States

�