§ 1963. Criminal penalties
"(a) Whoever violates any provision of section 1962 of
this 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 debt
collection in violation of section 1962.
The court, in imposing sentence on such person shall order,
in addition to any other sentence imposed pursuant to this
section, that the person forfeit to the United States all prop-
erty described in this subsection.
"(b) Property subject to criminal forfeiture under this
section includes-
"(1) real property, including things growmg on,
affixed to, and found in land; and
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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 in
subsection (a) vests in the United States upon the commission
of the act giving rise to forfeiture under this section. Any
such property that is subsequently transferred to a person
other than the defendant may be the subject of a special ver-
diet of forfeiture and thereafter shall be ordered forfeited to
the 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 was
reasonably without cause to believe that the property was
subject 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 the
court;
"(4) has been substantially diminished in value by
any act or omission of the defendant; or
"(5) has been commingled with other property
which cannot be divided without difficulty;
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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 court
may enter a restraining order or injunction, require the ex-
ecution of a satisfactory performance bond, or take any other
action 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 to
which 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 or
information, if, after notice to persons appearing to
have an interest in the property and opportunity for a
hearing, the court determines that-
t/(i) there is a substantial probability that the
United 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 of
the property through the entry of the requested
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