2301

Forfeiture Under the Criminal Forfeiture Statutes

The criminal forfeiture statutes provide that forfeiture shall not be ordered if a transferee establishes, at a hearing, that he/she was a bona fide purchaser for value of the property and was at the time of the purchase reasonably without cause to believe that the property was subject to forfeiture. See 18 U.S.C. § 1467(b) (obscene material); 18 U.S.C. § 1963(c) (RICO); 18 U.S.C. § 2253(b) (sexual exploitation of minors); 21 U.S.C. § 853(c) (controlled substances); and, incorporating 21 U.S.C. § 853(c) by reference, 18 U.S.C. § 982(b)(1) (money laundering) and 18 U.S.C. §§ 793(h)(3) and 794(d)(3) (espionage). [cited in USAM 9-119.200]