VLVL2(4)(oo) RICO

[Vincent A. Maeder]

"And you might as well forget about goin home, chump, 'cause you got no
more home, paperwork's already in the mill to confiscate it under civil
RICO, 'cause guess what, Zoyd, they found marijuana? In yer house! Yah,
must've been two ounces of the shit, although we're gonna call it tons"
(VL, Ch. 4, pp. 50-51)  Although, later Mr. Wheeler will find slightly
more than two ounces in his house.  But for the pregnant elephant in
this section, RICO, man, yah!

United States Federal Code, Title 18, Chapter 96, also known as -
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
http://www4.law.cornell.edu/uscode/18/pIch96.html 
Ah, man, Sec. 1963, criminal penalties, they come and they legally take
your house, your car, your bank account, your business, your stocks,
your bonds, your wife, first born children and the family cat.  Yah.
It's all right there, man...
Sec. 1963. - Criminal penalties 
(a) Whoever violates any provision of section 1962 of this chapter shall
be fined under this title or imprisoned not more than 20 years (or for
life if the violation is based on a racketeering activity for which the
maximum penalty includes life imprisonment), or both, and shall forfeit
to the United States, irrespective of any provision of State law - 
	(1) any interest the person has acquired or maintained in
violation of section 1962; 
	(2) any - 
		(A) interest in; 
		(B) security of; 
		(C) claim against; or 
(D) property or contractual right of any kind affording a source of
influence over; 
any enterprise which the person has established, operated, controlled,
conducted, or participated in the conduct of, in violation of section
1962; and 
	(3) any property constituting, or derived from, any proceeds
which the person obtained, directly or indirectly, 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 property described in this
subsection. In lieu of a fine otherwise authorized by this section, a
defendant who derives profits or other proceeds from an offense may be
fined not more than twice the gross profits or other proceeds. 

(b) Property subject to criminal forfeiture under this section includes
- 
	(1) real property, including things growing on, affixed to, and
found in land; and 
	(2) tangible and intangible personal property, including rights,
privileges, interests, claims, and securities. 
(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 verdict of forfeiture and thereafter shall be
ordered forfeited to the United States, unless the transferee
establishes in a hearing pursuant to subsection (l) that he is a bona
fide purchaser for value of such property who at the time of purchase
was reasonably without cause to believe that the property was subject to
forfeiture under this section. 

(d) (1) Upon application of the United States, the court may enter a
restraining order or injunction, require the execution 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 information charging a
violation of section 1962 of this chapter and alleging that the property
with respect to which the order is sought would, in the event of
conviction, 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 - 
		(i) there is a substantial probability that the United
States will prevail on the issue of forfeiture and that failure to enter
the order will result in the property being destroyed, removed from the
jurisdiction of the court, or otherwise made unavailable for forfeiture;
and 
		(ii) the need to preserve the availability of the
property through the entry of the requested order outweighs the hardship
on any party against whom the order is to be entered: Provided, however,
That an order entered pursuant to subparagraph (B) shall be effective
for not more than ninety days, unless extended by the court for good
cause shown or unless an indictment or information described in
subparagraph (A) has been filed.  
   (2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not yet
been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and that
provision of notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than ten days
after the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order
entered under this paragraph shall be held at the earliest possible
time, and prior to the expiration of the temporary order. 
   (3) The court may receive and consider, at a hearing held pursuant to
this subsection, evidence and information that would be inadmissible
under the Federal Rules of Evidence. 
(e) Upon conviction of a person under this section, the court shall
enter a judgment of forfeiture of the property to the United States and
shall also authorize the Attorney General to seize all property ordered
forfeited upon such terms and conditions as the court shall deem proper.
Following the entry of an order declaring the property forfeited, the
court may, upon application of the United States, enter such appropriate
restraining orders or injunctions, require the execution of satisfactory
performance bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect the
interest of the United States in the property ordered forfeited. Any
income accruing to, or derived from, an enterprise or an interest in an
enterprise which has been ordered forfeited under this section may be
used to offset ordinary and necessary expenses to the enterprise which
are required by law, or which are necessary to protect the interests of
the United States or third parties. 
(f) Following the seizure of property ordered forfeited under this
section, the Attorney General shall direct the disposition of the
property by sale or any other commercially feasible means, making due
provision for the rights of any innocent persons. Any property right or
interest not exercisable by, or transferable for value to, the United
States shall expire and shall not revert to the defendant, nor shall the
defendant or any person acting in concert with or on behalf of the
defendant be eligible to purchase forfeited property at any sale held by
the United States. Upon application of a person, other than the
defendant or a person acting in concert with or on behalf of the
defendant, the court may restrain or stay the sale or disposition of the
property pending the conclusion of any appeal of the criminal case
giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition of the property will result in
irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C.
3302(b), the proceeds of any sale or other disposition of property
forfeited under this section and any moneys forfeited shall be used to
pay all proper expenses for the forfeiture and the sale, including
expenses of seizure, maintenance and custody of the property pending its
disposition, advertising and court costs. The Attorney General shall
deposit in the Treasury any amounts of such proceeds or moneys remaining
after the payment of such expenses. 
(g) With respect to property ordered forfeited under this section, the
Attorney General is authorized to - 
	(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this chapter, or
take any other action to protect the rights of innocent persons which is
in the interest of justice and which is not inconsistent with the
provisions of this chapter; 
	(2) compromise claims arising under this section; 
	(3) award compensation to persons providing information
resulting in a forfeiture under this section; 
	(4) direct the disposition by the United States of all property
ordered forfeited under this section by public sale or any other
commercially feasible means, making due provision for the rights of
innocent persons; and 
	(5) take appropriate measures necessary to safeguard and
maintain property ordered forfeited under this section pending its
disposition.
	Fun shit, eh, mon?  Worth growing some pot, ya mon.
		Oh well. Onward, please...