H.R.4070 - To amend title 18, United States Code, to provide for criminal and civil penalties for mail and wire fraud, and for other purposes.103rd Congress (1993-1994)
|Sponsor:||Rep. Collins, Barbara-Rose [D-MI-15] (Introduced 03/17/1994)(by request)|
|Committees:||House - Judiciary; Post Office and Civil Service|
|Latest Action:||07/14/1994 Subcommittee Hearings Held. (All Actions)|
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Summary: H.R.4070 — 103rd Congress (1993-1994)All Bill Information (Except Text)
Introduced in House (03/17/1994)
Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act.
Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty.
Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances.
Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund.
Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds.
Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.