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Criminal Resource Manual

1137. Criminal Forfeiture

Section 1834 provides that the court in imposing sentencing shall order the forfeiture of any proceeds or property derived from violations of the EEA, and may order the forfeiture of any property used to commit or to facilitate the commission of the crime. Note that the statutory language of the first subsection is mandatory and leaves the judge no discretion. 18 U.S.C. §  1834(a)(1). With regard to the latter provision, however, the court may in its discretion take into consideration "the nature, scope, and proportionality of the use of the property in the offense." 18 U.S.C. § 1834(a)(2). The intent of that limitation is to insure that the amount and character of the forfeited property is proportionate to the harm caused by the defendant's conduct.

[cited in USAM 9-59.100]