Sec. 1408. Freezing bank accounts of international criminal organizations and money launderers
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Section 981(b) of title 18, United States Code, is amended by adding at the end the following: If a person is arrested or charged in connection with an offense described in subparagraph
(C)involving the movement of funds into or out of the United States, the Attorney General may apply to any Federal judge or magistrate judge in the district in which the arrest is made or where the charges are filed for an ex parte order restraining any account held by the person arrested or charged for not more than 30 days. Such 30-day time period may be extended for good cause shown at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure. The court may receive and consider evidence and information submitted by the Government that would be inadmissible under the Federal Rules of Evidence. The application for a restraining order under subparagraph
(A)shall— identify the offense for which the person has been arrested or charged; identify the location and description of the accounts to be restrained; and state that the restraining order is needed to prevent the removal of the funds in the account by the person arrested or charged, or by others associated with such person, during the time needed by the Government to conduct such investigation as may be necessary to establish whether there is probable cause to believe that the funds in the accounts are subject to forfeiture in connection with the commission of any criminal offense. An offense described in this subparagraph is any offense for which forfeiture is authorized under this title, title 31, or the Controlled Substances Act ( 21 U.S.C. 801 et seq.). For purposes of this section— the term account includes any safe deposit box and any account (as defined in paragraphs
(1)and
(2)of section 5318A(e) of title 31, United States Code) at any financial institution; and the term account held by the person arrested or charged includes an account held in the name of such person, and any account over which such person has effective control as a signatory or otherwise. A restraining order issued under this paragraph shall not be considered a seizure for purposes of section 983(a). A restraining order issued under this paragraph may be executed in any district in which the subject account is found, or transmitted to the central authority of any foreign State for service in accordance with any treaty or other international agreement. .
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Sec. 1408
Freezing bank accounts of international criminal organizations and money launderers
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