§ 1963. Criminal penalties
"(a) Whoever violates any provision of section 1962 ofthis chapter shall he fined not more than $25,000 or impris-oned not more than twenty years, or both, and shall forfeit to
the United States, irrespective of any provision of State
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11(1) any interest the person has acquired or main-tained in violation of section 1962;
"(2) any- "(A) interest in;"(B) security of; "(0) claim against; or "(D) property or contractual right of any kind affording a source of influence over;any enterprise which the person has established, oper- ated, controlled, conducted, or participated in the con-duct of, in violation of section 1962; and
"(3) any property constituting, or derived from,any proceeds which the person obtained, directly or in-directly, from racketeering activity or unlawful debtcollection in violation of section 1962.The court, in imposing sentence on such person shall order,in addition to any other sentence imposed pursuant to thissection, that the person forfeit to the United States all prop-erty described in this subsection.
"(b) Property subject to criminal forfeiture under thissection includes-
"(1) real property, including things growmg on,
affixed to, and found in land; and1762
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"(2) tangible and intangible personal property, in-eluding rights, privileges, interests, claims, and securi-ties.
"(c) All right, title, and interest in property described insubsection (a) vests in the United States upon the commissionof the act giving rise to forfeiture under this section. Anysuch property that is subsequently transferred to a personother than the defendant may be the subject of a special ver-diet of forfeiture and thereafter shall be ordered forfeited tothe United States, unless the transferee establishes in a hear-ing pursuant to subsection (m) that he is a bona fide purchas-er for value of such pr0perty who at the time of purchase wasreasonably without cause to believe that the property wassubject to forfeiture under this section.H(d) If any of the property described in subsection (a)-"(1) cannot be located;"(2) has been transferred to, sold to, or deposited
with, a third party;"(3) has been placed beyond the jurisdiction of thecourt;
"(4) has been substantially diminished in value byany act or omission of the defendant; or
"(5) has been commingled with other propertywhich cannot be divided without difficulty; 1762
the court shall order the forfeiture of any other property of? the defendant up to the value of any property described in paragraphs (1) through (5)."(e)(l) Upon application of the United States, the courtmay enter a restraining order or injunction, require the ex-ecution of a satisfactory performance bond, or take any otheraction to preserve the availability of property described in
subsection (a) for forfeiture under this section-"(A) upon the filing of an indictment or informalOtion
charging a violation of section 1962 of this chap-ter and alleging that the property with respect towhich the order is sought would, in the event of con-viction, be subject to forfeiture under this section; or"(B) prior to the filing of such an indictment orinformation, if, after notice to persons appearing tohave an interest in the property and opportunity for ahearing, the court determines that-/(i) there is a substantial probability that theUnited States will prevail on the issue of forfeit-
ure and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction . of the court, or otherwise made un-available for forfeitu;e; and"(ii) the need to preserve the availability ofthe property through the entry of the requested
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