114 STAT. 218 PUBLIC LAW 106–185—APR. 25, 2000
SEC. 12. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT
SEIZURE.
Section 2232 of title 18, United States Code, is amended—
(1) by striking subsections (a) and (b);
(2) by inserting ‘‘(e) F
OREIGN
I
NTELLIGENCE
S
URVEIL
-
LANCE
.—’’ before ‘‘Whoever, having knowledge that a Federal
officer’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting before subsection (d), as redesignated, the
following:
‘‘(a) D
ESTRUCTION OR
R
EMOVAL OF
P
ROPERTY
T
O
P
REVENT
S
EI
-
ZURE
.—Whoever, before, during, or after any search for or seizure
of property by any person authorized to make such search or seizure,
knowingly destroys, damages, wastes, disposes of, transfers, or
otherwise takes any action, or knowingly attempts to destroy, dam-
age, waste, dispose of, transfer, or otherwise take any action, for
the purpose of preventing or impairing the Government’s lawful
authority to take such property into its custody or control or to
continue holding such property under its lawful custody and control,
shall be fined under this title or imprisoned not more than 5
years, or both.
‘‘(b) I
MPAIRMENT OF
I
N
R
EM
J
URISDICTION
.—Whoever, knowing
that property is subject to the in rem jurisdiction of a United
States court for purposes of civil forfeiture under Federal law,
knowingly and without authority from that court, destroys, dam-
ages, wastes, disposes of, transfers, or otherwise takes any action,
or knowingly attempts to destroy, damage, waste, dispose of,
transfer, or otherwise take any action, for the purpose of impairing
or defeating the court’s continuing in rem jurisdiction over the
property, shall be fined under this title or imprisoned not more
than 5 years, or both.
‘‘(c) N
OTICE OF
S
EARCH OR
E
XECUTION OF
S
EIZURE
W
ARRANT
OR
W
ARRANT OF
A
RREST
I
N
R
EM
.—Whoever, having knowledge that
any person authorized to make searches and seizures, or to execute
a seizure warrant or warrant of arrest in rem, in order to prevent
the authorized seizing or securing of any person or property, gives
notice or attempts to give notice in advance of the search, seizure,
or execution of a seizure warrant or warrant of arrest in rem,
to any person shall be fined under this title or imprisoned not
more than 5 years, or both.’’.
SEC. 13. FUNGIBLE PROPERTY IN BANK ACCOUNTS.
(a) I
N
G
ENERAL
.—Section 984 of title 18, United States Code,
is amended—
(1) by striking subsection (a) and redesignating subsections
(b), (c), and (d) as subsections (a), (b), and (c), respectively;
(2) in subsection (a), as redesignated—
(A) by striking ‘‘or other fungible property’’ and
inserting ‘‘or precious metals’’; and
(B) in paragraph (2), by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (b)’’;
(3) in subsection (c), as redesignated—
(A) by striking paragraph (1) and inserting the fol-
lowing: ‘‘(1) Subsection (a) does not apply to an action
against funds held by a financial institution in an interbank
account unless the account holder knowingly engaged in
the offense that is the basis for the forfeiture.’’; and
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