[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4005 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 4005
To amend title 28, United States Code, to prevent the proceeds or
instrumentalities of foreign crime located in the United States from
being shielded from foreign forfeiture proceedings.
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IN THE SENATE OF THE UNITED STATES
December 2, 2010
Mr. Whitehouse (for himself and Mr. Cornyn) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to prevent the proceeds or
instrumentalities of foreign crime located in the United States from
being shielded from foreign forfeiture proceedings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Foreign Criminal Assets
for Forfeiture Act of 2010''.
SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER FOREIGN
LAW.
Section 2467(d)(3)(A) of title 28, United States Code, is amended
to read as follows:
``(A) Restraining orders.--
``(i) In general.--To preserve the
availability of property subject to civil or
criminal forfeiture under foreign law, the
Government may apply for, and the court may
issue, a restraining order at any time before
or after the initiation of forfeiture
proceedings by a foreign nation.
``(ii) Procedures.--
``(I) In general.--A restraining
order under this subparagraph shall be
issued in a manner consistent with
subparagraphs (A), (C), and (E) of
paragraph (1) and the procedural due
process protections for a restraining
order under section 983(j) of title 18.
``(II) Application.--For purposes
of applying such section 983(j)--
``(aa) references in such
section 983(j) to civil
forfeiture or the filing of a
complaint shall be deemed to
refer to the applicable foreign
criminal or forfeiture
proceedings; and
``(bb) the reference in
paragraph (1)(B)(i) of such
section 983(j) to the United
States shall be deemed to refer
to the foreign nation.''.
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