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Code · STATUTE-COMPILATIONS · Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 · Sec. 317

Sec. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS

601 words·~3 min read·/statute-compilations/comps-1507/sec-317

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## SEC. 317 LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS Section 1956(b) of title 18, United States Code, is amended— ####
(1)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and moving the margins 2 ems to the right; ####
(2)by inserting after “(b)” the following: ``Penalties > > #### “(1) In general.—” > ; ####
(3)by inserting “, or section 1957” after “or (a)(3)”; and ####
(4)by adding at the end the following: > > #### “(2) Jurisdiction over foreign persons > > For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and— > > > ##### “(A) > > the foreign person commits an offense under subsection
(a)involving a financial transaction that occurs in whole or in part in the United States; > > > ##### “(B) > > the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or > > > ##### “(C) > > the foreign person is a financial institution that maintains a bank account at a financial institution in the United States. > > > #### “(3) Court authority over assets > > A court described in paragraph
(2)may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section. > > > #### “(4) Federal receiver > > > ##### “(A) In general > > A court described in paragraph
(2)may appoint a Federal Receiver, in accordance with subparagraph
(B)of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection
(a)of this section, including an order of restitution to any victim of a specified unlawful activity. > > > ##### “(B) Appointment and authority > > A Federal Receiver described in subparagraph (A)— > > > ###### “(i) > > may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case; > > > ###### “(ii) > > shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and > > > ###### “(iii) > > shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant— > > > ###### “(I) > > from the Financial Crimes Enforcement Network of the Department of the Treasury; or > > > ###### “(II) > > from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.” > .
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