I
111th CONGRESS
2d Session
H. R. 6487
IN THE HOUSE OF REPRESENTATIVES
December 2, 2010
Ms. Chu (for herself and Mr. Poe of Texas) introduced the following bill; which was 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.
Short title
This Act may be cited as the
Preserving Foreign Criminal Assets for
Forfeiture Act of 2010
.
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:
Restraining orders
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.
Procedures
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.
Application
For purposes of applying such section 983(j)—
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
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.
.