FEAR Law Library - Federal Statutes

Offenses that trigger federal forfeiture
arranged alphabetically by topic A-G

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Last update May 24, 2008

Note: A large number of forfeiture statutes are stand-alone statutes, prescribing forfeiture as a penalty for a single offense or related group of offenses. Other forfeitable offenses have been added by incorporating by reference other statutes listing numerous offenses. The largest number of the incorporated by reference statutes were incorporated through 18 U.S.C. § 981(a)(1)(C), which incorporates by reference "any offense constituting 'specified unlawful activity' as defined by 18 U.S.C. § 1956(c)(7)(B). Section 1956(c)(7)(B) names numerous specific criminal statutes and incorporates by reference the racketeering offenses listed in 18 U.S.C. § 1961(1), which in turn lists a large number of specific criminal statutes as well as several broad categories of crimes. Any crimes from those lists can be prosecuted as a civil forfeiture under § 981.

Many of the same offenses listed in § 981 trigger criminal forfeiture under statutes incorporated by reference in 18 U.S.C. § 982. Additionally, any civil forfeiture statute which does not have a criminal forfeiture counterpart -- either under a specific criminal forfeiture statute or § 982 -- can be prosecuted as a criminal forfeiture under 28 U.S.C. § 2461.

* denotes criminal statutes added by 18 U.S.C. § 981(a)(1)
** denotes criminal statutes incorporated by reference as "specified unlawful activities" in 18 U.S.C. §§ 981(a)(1)(C) & 1956(c)(7)
*** denotes criminal statutes incorporated by reference as "racketeering offenses" in 18 U.S.C. §§ 981(a)(1)(C), 1956(c)(7) & 1961(1)

Agriculture

7 U.S.C. § 608, exceeding agricultural quotas, agricultural marketing order violations
7 U.S.C. § 1595, Federal Seed Act violations

Aircraft and airports

18 U.S.C. § 32, destruction of aircraft [**]
18 U.S.C. § 37, violence at airports [**]
49 U.S.C. § 46502, aircraft piracy [**]

Animals

7 U.S.C. § 2156, Animal Welfare Act violations

Antitrust

15 U.S.C. § 1, 15 U.S.C. § 6, conspiracy in restraint of trade, antitrust
15 U.S.C. § 8, 15 U.S.C. § 11, trust in restraint of import trade

Archeological treasures

16 U.S.C. § 470gg, Forfeiture of archeological resources excavated from Indian Lands

Automobiles

8 U.S.C. § 1324, Forfeiture of vehicles used to transport illegal aliens
18 U.S.C. § 512, Forfeiture of automobiles and parts with altered VIN numbers
18 U.S.C. § 511, altering or removing automobile VIN numbers [*]
18 U.S.C. § 553, importation or exportation of stolen vehicles, vessels or aircraft [*]
18 U.S.C. § 2119, carjacking [*]
18 U.S.C. § 2312, transportation of stolen vehicles [*]
18 U.S.C. § 2313, sale or receipt of stolen vehicles [*]
18 U.S.C. § 2321, trafficking in vehicles or auto parts with altered VIN numbers [***]

49 U.S.C. § 80303, forfeiture of vehicles used to facilitate transportation of contraband

Banking

18 U.S.C. § 215, Corruptly giving or receiving a commission or gift for procuring loan [*]
18 U.S.C. § 656, Theft, embezzlement or misapplication by bank officer or employee [*]
18 U.S.C. § 657, Theft, embezzlement or misapplication by officer or employee or FDIC or other bank regulator or receiver [*]
18 U.S.C. § 658, Conversion, removal or concealment of property mortgaged to farm credit agencies [**]
18 U.S.C. § 1005, False or fraudulent statement by officer or employee of bank [*] [**]
18 U.S.C. § 1006, False or fraudulent statement by agent or employee or FDIC, RTC or other banking regulator or receiver [*] [**]
18 U.S.C. § 1007, False or fraudulent statement to FDIC [*] [**]
18 U.S.C. § 1014, False or fraudulent statement to loan officer [*] [**]
18 U.S.C. § 1029, Fraud in connection with bank account access device [*]
18 U.S.C. § 1032, Concealment of assets from receiver or liquidating agent of financial institution [*] [**]
18 U.S.C. § 1344, Bank fraud [*]
18 U.S.C. § 1956, Money laundering of proceeds of "specified unlawful activity" [*]
18 U.S.C. § 1957, Engaging in monetary transaction with proceeds of specified federal crimes [*]
31 U.S.C. § 5313, § 5317, Violating reporting requirements for domestic currency transactions

31 U.S.C. § 5316, § 5317, Violating reporting requirements for importing and exporting monetary instruments
31 U.S.C. § 5324, § 5317, Structuring transactions to avoid financial transaction reporting requirements
42 U.S.C. § 1490s(a)(1), Equity skimming by owner from property where loan is federally guaranteed [**]

Bankruptcy

18 U.S.C. § 152, Concealment of assets, false oath or claim, bribery in bankruptcy proceeding [**]
18 U.S.C. § 1961(1)(D), Any offense involving bankruptcy fraud except 18 U.S.C. § 157 [***]

Cigarettes, contraband

18 U.S.C. § 2344, Penalties for trafficking in contraband cigarettes [***]

Copyright and Trademark Infringement

17 U.S.C. § 509, Phonorecords manufactured, distributed, etc. in violation of copyright laws
18 U.S.C. § 1834, Criminal forfeiture relating to protection of trade secrets
18 U.S.C. § 2318(d), Trafficking in counterfeit labels, packaging, & supporting documentation for audio recordings or computer programs
18 U.S.C. § 2319, criminal infringement of copyright [**] [***]
18 U.S.C. § 2319A, trafficking in unauthorized audio recordings and videos of live performances
18 U.S.C. § 2320, trafficking in goods or services with counterfeit copyright marks [**] [***]

Counterfeiting

18 U.S.C. § 492 Forfeiture of counterfeit money, securities, and counterfeiting devices
18 U.S.C. § 471, counterfeiting, altering, or forgery of U.S. obligation or security [*]
18 U.S.C. § 472, uttering (passing or selling) counterfeit obligations or securities of U.S. [*]
18 U.S.C. § 473, dealing in counterfeit obligations or securities of U.S. [*]
18 U.S.C. § 474, possession of plates for counterfeiting obligations or securities of U.S. [*]
18 U.S.C. § 476, taking impression of tools used for counterfeiging obligations or securities of U.S. [*]
18 U.S.C. § 477, possessing or selling impression of tools used for counterfeiging obligations or securities of U.S. [*]
18 U.S.C. § 478, forging or counterfeiting obligations or securities of foreign countries [*]
18 U.S.C. § 479, uttering (passing or selling) counterfeit obligations or securities of foreign countries [*]
18 U.S.C. § 480, possession of counterfeit obligations or securities of foreign countries [*]
18 U.S.C. § 481, possession of plates for counterfeiting obligations or securities of foreign countries [*]
18 U.S.C. § 485, counterfeiting, uttering or possession of counterfeit coins or silver or gold bars [*]
18 U.S.C. § 486, making, uttering or passing counterfeit coins [*]
18 U.S.C. § 487, making or possessing dies used for counterfeiting coins of U.S. [*]
18 U.S.C. § 488, making or possessing dies used for counterfeiting coins of foreign countries [*]
18 U.S.C. § 500, making, forging or possessing counterfeit money orders [**]
18 U.S.C. § 501, making, forging or possessing counterfeit or forged U.S. postage stamp, or postage meter stamp [**]
18 U.S.C. § 502, making, forging or possessing counterfeit or forged foreign postage stamp, or revenue stamp [**]
18 U.S.C. § 500, making, forging or possessing counterfeit postmarking stamp [**]
18 U.S.C. § 513, counterfeiting securities of state or private organization [**]

Currency Transaction Reporting Violations

31 U.S.C. § 5313, § 5317, Requirement that reports be filed for monetary transactions (including bank deposits exceeding a certain dollar value, the amount set by regulations of Secretary of the Treasury)
31 U.S.C. § 5316, § 5317, violating reporting requirements for importing and exporting monetary instruments
31 U.S.C. § 5321, Civil penalties for Monetary Transaction Reports
31 U.S.C. § 5324, § 5317, Structuring transactions to evade monetary transaction reporting requirements
31 U.S.C. § 5332, Bulk cash smuggling into and out of U.S.

Customs and Import/Export violations (see also Smuggling)

18 U.S.C. § 541, Entry of goods falsely classified [**]
18 U.S.C. § 542, Entry of goods by means of false statements [*]
18 U.S.C. § 545, Smuggling goods into the U.S. [*]
18 U.S.C. § 549, Removing goods from Customs' custody [**]
18 U.S.C. § 553, Importation or exportation of stolen vehicles, vessels or aircraft [*]

19 U.S.C. § 1497, Penalties for failure to declare imported goods to customs upon entry (including forfeiture of such goods)
19 U.S.C. § 1584, Penalties for false or no customs manifests (including forfeiture)
19 U.S.C. § 1594, Forfeiture of conveyances for Customs violations
19 U.S.C. § 1595a, Forfeiture for aiding unlawful importation
22 U.S.C. § 401, Exportation of arms or munitions of war
31 U.S.C. § 5316, § 5317, Violating reporting requirements for importing and exporting monetary instruments
<>50 U.S.C Appx. § 16, Violating Trading With the Enemy Act [**]
<><>50 U.S.C Appx. § 2410, Violating Export Administration Act [**]

Drug Offenses

18 U.S.C. § 1956(c)(7)(D), Any felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals) e.g. 21 U.S.C. § 971 [**]
18 U.S.C. § 1961, state felonies involving dealing in a controlled substance or listed chemical [***]
21 U.S.C. § 844a, Civil penalty for possession of small amounts of certain controlled substances
21 U.S.C. § 848, Continuing Criminal Enterprise
21 U.S.C. § 853, Criminal Forfeiture for Drug Violations
21 U.S.C. § 862, Denial of Federal Benefits To Drug Traffickers and Possessors
21 U.S.C. § 863, Transportation of Drug Paraphernalia [**]
21 U.S.C. § 881, Civil Forfeiture for Drug Violations

Espionage

18 U.S.C. § 793, Civil forfeiture for gathering, transmitting or losing national defense information [**]
18 U.S.C. § 794, Civil forfeiture for gathering or delivering national defense information to aid a foreign government [**]
18 U.S.C. § 798, Disclosure of classified information [**]
22 U.S.C. § 611 et seq., Felony violation of Foreign Agents Registration Act of 1938 [**]

Explosives

18 U.S.C. § 842, importing or dealing in explosives without a license [*]
18 U.S.C. § 844, penalties for explosives violations [*] [**]

Extortion, racketeering - (See also Racketeer Influenced Corrupt Organizations)

18 U.S.C. § 1951, interference with commerce, robbery, extortion [***]
18 U.S.C. § 1952, transportation in aid of racketeering [***]
18 U.S.C. § 1961, state felonies involving extortion [***]

Firearms

18 U.S.C. § 922, Unlawful importation of firearms [**]
18 U.S.C. § 924, Penalties for firearms importation violations [**]
26 U.S.C. § 5872, forfeiture of machine guns, destructive devices and certain other firearms

Fish & Game

16 U.S.C. § 3372, Fish & wildlife offenses (Lacey Act)
16 U.S.C. § 3374, Forfeiture for fish & wildlife offenses (Lacey Act)

Forgery

18 U.S.C. § 471, counterfeiting, altering, or forgery of U.S. obligation or security [*]
18 U.S.C. § 478, forging or counterfeiting obligations or securities of foreign countries [*]
18 U.S.C. § 501, making, forging or possessing counterfeit or forged U.S. postage stamp, or postage meter stamp [*]
18 U.S.C. § 502, making, forging or possessing counterfeit or forged foreign postage stamp, or revenue stamp [*]
18 U.S.C. § 510, forging endorsements on Treasury checks, bonds or U.S. securities [*]

Food, Drug & Cosmetic Act

21 U.S.C. § 334, Seizure of articles of food and drug for FDA violations

Fraud

7 U.S.C. § 2024 Civil forfeiture for illegal food stamp transactions
18 U.S.C. § 1001, false or fraudulent statement to government agency [*]
18 U.S.C. § 1005, false or fraudulent statement by officer or employee of bank [*]
18 U.S.C. § 1006, false or fraudulent statement by agent or employee or FDIC, RTC or other banking regulator or receiver [*]
18 U.S.C. § 1007, false or fraudulent statement to FDIC [*]
18 U.S.C. § 1014, false or fraudulent statement to loan officer [*]
18 U.S.C. § 1028, identity theft [*]
18 U.S.C. § 1029, fraud in connection with bank account access device [*]
18 U.S.C. § 1030, fraudulent or unauthorized access to government computer [*]
18 U.S.C. § 1031, major fraud against U.S. [*]
18 U.S.C. § 1032, concealment of assets from receiver or liquidating agent of financial institution [*]
18 U.S.C. § 1341, mail fraud [*]
18 U.S.C. § 1343, wire fraud (radio or television) [*]
18 U.S.C. § 1344, bank fraud [*]
18 U.S.C. § 1961(1)(D), any offense involving bankruptcy fraud except 18 U.S.C. § 157 [***]
18 U.S.C. § 1961(1)(D), fraud in the sale of securities [***]

28 U.S.C. § 2514, Forfeiture of Claims Against the U.S. for Fraud or Attempted Fraud
42 U.S.C. § 1786(p), Criminal forfeiture for food stamp and public assistance fraud

Gambling

15 U.S.C. § 1177, Forfeiture of gambling devices
18 U.S.C. § 1953, interstate transportation of wagering paraphernalia [***]
18 U.S.C. § 1955, Forfeiture of property, including money, used in violation of federal gambling law
18 U.S.C. § 1961, state felonies involving gambling [***]

Government agencies, officials and employees

18 U.S.C. § 641, Embezzlement or theft of public money [**]
18 U.S.C. § 666, Theft or bribery concerning agency or organization receiving federal funds [**]
18 U.S.C. § 1001, False or fraudulent statement to government agency [*]
18 U.S.C. § 1005, False or fraudulent bank entries, reports and transactions [*]
18 U.S.C. § 1006, False or fraudulent statement by agent or employee or FDIC, RTC or other banking regulator or receiver [*]
18 U.S.C. § 1007, False or fraudulent statement to FDIC [*]
18 U.S.C. § 1030, Fraudulent or unauthorized access to government computer [**]
18 U.S.C. § 1031, Major fraud against U.S. [*]
18 U.S.C. § 1032, Concealment of assets from receiver or liquidating agent of financial institution [*]
18 U.S.C. § 1361, Willful injury of public property [**]
18 U.S.C. § 1961, State felonies involving bribery [***]

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