To amend title 18, United States Code, to provide for criminal and civil penalties for mail and wire fraud, and for other purposes.
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Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or U.S. Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a U.S. district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund; and (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal; and (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on March 17, 1994. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on July 14, 1994: Subcommittee Hearings Held.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 103rd Congress (1993-94), 465 of the 8,540 bills and joint resolutions introduced became law, about 5.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
BARBARA-ROSE COLLINS (D-MI) introduced it on March 17, 1994, and 20 members have since signed on as cosponsors.
They come from both major parties: 17 Democrats, 3 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on March 17, 1994, 11913 days ago. The most recent recorded action was 11794 days ago, on July 14, 1994.
Measures do not carry over. Anything the 103rd Congress has not finished by January 3, 1995 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers