II 111th CONGRESS 2d Session S. 4005 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.

1.

Short title

This Act may be cited as the Preserving Foreign Criminal Assets for Forfeiture Act of 2010.

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. .