Summary: H.R.7140 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/01/1982)

(Measure passed Senate, amended, in lieu of S. 2320)

Comprehensive Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury a Drug Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $2,500, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.