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Code · BILL · 113th Congress · S. 1897 (Introduced in Senate) — To prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance cri... · Sec. 106

Sec. 106. Criminal and civil forfeiture for fraud and related activity in connection with computers

345 words·~2 min read·/bill/113/s/1897/is/section-106

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Section 1030 of title 18, United States Code, is amended by striking subsections
(i)and
(j)and inserting the following: The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— such person’s interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ), except subsection
(d)of that section. The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them: Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section. Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section. Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. .
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Sec. 106
Criminal and civil forfeiture for fraud and related activity in connection with computers
U.S.C.§ 853
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