Page:United States Statutes at Large Volume 122.djvu/4285

 12 2 STA T .4 2 6 2 PUBLIC LA W 11 0– 40 3—O CT. 13 , 200 8‘ ‘ (B)DEATH.—Iftheo ffe nd e rk no wi n gly or re c kle s sly c au ses or atte mp ts to cause death from conduct in v iolation of paragraph ( 1 ) , the penalty shall b e a fine under this title or imprisonment for any term of years or for life, or both. ’ ’ and ( 2 ) by adding at the end the following

‘‘(h) TR A NS SH IPM ENT AN DEX P O RTATION.— N o goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or e x ported from the U nited S tates. A ny such transshipment or exportation shall be deemed a violation of section 4 2 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain inter - national conventions, and for other purposes, approved J uly 5, 1 9 4 6 (commonly referred to as the ‘Trademark Act of 1946’ or the ‘ L anham Act’).’’. (b) F OR F EIT U RE AND DESTRU C TION OF P ROPERT Y R ESTITU- TION.—Section 2 3 2 0 (b) of title 1 8, United States C ode, is amended to read as follows: ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITU- TION.—Forfeiture, destruction, and restitution relating to this sec- tion shall be sub j ect to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.’’. SEC.206 . FOR FE ITU RE ,D ESTRUCTIO N , A ND RESTITUTION. (a) IN G ENERA L .—Chapter 113 of title 18, United States Code, is amended by adding at the end the following: ‘ ‘SEC. 2 3 23. FORFEITURE, DESTRUCTION, AND RESTITUTION. ‘‘(a) CI V IL FORFEITURE.— ‘‘(1) PROPERTY SU BJ ECT TO FORFEITURE.—The following property is subject to forfeiture to the United States Govern- ment: ‘‘(A) Any article, the making or trafficking of which is, prohibited under section 506 of title 1 7, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title. ‘‘(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A). ‘‘(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A). ‘‘(2) PROCEDURES.—The provisions of chapter 46 relating to civil forfeitures shall extend to any sei z ure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise re q uested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law. ‘‘(b) CRIMINAL FORFEITURE.— ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.—The court, in imposing sentence on a person convicted of an offense under Protec t iv eor d er .C o u rt order s .

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