Page:United States Statutes at Large Volume 98 Part 2.djvu/890

 98 STAT. 2050

Securities.

21 USC 951.

Penalties.

Real property.

PUBLIC LAW 98-473—OCT. 12, 1984

directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this section if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any violation of this title or title III after such purchase do not amount in the aggregate to 1 per centum of the outstanding securities of any one class, and do not confer, either in law or in fact, the. power to elect one or more directors of the issuer. "(b) Whoever violates this section shall be fined not more than $50,000 or imprisoned not more than ten years, or both. "(c) As used in this section, the term 'enterprise' includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity. "(d) The provisions of this section shall be liberally construed to effectuate its remedial purposes.". SEC. 304. Section 304 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 824) is amended by adding at the end of subsection (f) the following sentence: "All right, title, and interest in such controlled substances shall vest in the United States upon a revocation order becoming final.". SEC. 305. Section 408 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 848) is amended— (a) in subsection (a)— (1) by striking out "(1)"; (2) by striking out "paragraph (2)" each time it appears, and inserting in lieu thereof "section 413 of this title"; and (3) by striking out paragraph (2); and (b) by striking out subsection (d). SEC. 306. Section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881) is amended— ^ (a) in subsection (a) by inserting at the end thereof the following new subsection: "(7) All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this title punishable by more than one year's imprisonment, except that no property shall be forfeited under this paragraph, to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner."; (b) in subsection (b)— (1) by inserting "civil or criminal" after "Any property subject to'; and (2) by striking out in paragraph (4) "has been used or is intended to be used in violation o f and inserting in lieu thereof "is subject to civil or criminal forfeiture under"; (c) in subsection (c)— (1) by inserting in the second sentence "any o f after "Whenever property is seized under"; and

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