Page:United States Statutes at Large Volume 115 Part 1.djvu/360

 115 STAT. 338 PUBLIC LAW 107-56 —OCT. 26, 2001 by the individual or in any luggage, backpack, or other container worn or carried by such individual. " (b) PENALTY.— "(1) TERM OF IMPRISONMENT.—^A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. "(2) FORFEITURE.— In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section. "(3) PROCEDURE.— The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. "(4) PERSONAL MONEY JUDGMENT.—I f the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. " (c) CIVIL FORFEITURE. — "(1) IN GENERAL.— Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States. "(2) PROCEDURE.— The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. "(3) TREATMENT OF CERTAIN PROPERTY AS INVOLVED IN THE OFFENSE.— For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense.". (c) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5331, as added by this Act, the following new item: "5332. Bulk cash smuggling into or out of the United States.". SEC. 372. FORFEITURE IN CURRENCY REPORTING CASES. (a) IN GENERAL. —Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: " (c) FORFEITURE.— "(1) CRIMINAL FORFEITURE.— "(A) IN GENERAL.—The court in imposing sentence for any violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto.

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