[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.


_______________________________________________________________________


                   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.''.
                                 <all>