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18 U.S.C. §§ 1593–1596

6 sections in range

§1593. Mandatory restitution

18 U.S.C. § 1593

(a)
Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.
(b)
(1)
The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3) of this subsection.
(2)
An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3)
As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(c)(2) and shall in addition include the greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
(4)
The forfeiture of property under this subsection shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).
(c)
As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.
Notes, amendments, and revision history

(Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, § 221(1), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 115–299, § 3(c), Dec. 7, 2018, 132 Stat. 4385.)

Editorial Notes

References in Text

The Fair Labor Standards Act, referred to in subsec. (b)(3), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Amendments

2018—Subsec. (b)(3). Pub. L. 115–299 substituted “section 2259(c)(2)” for “section 2259(b)(3)”.

2008—Subsec. (b)(4). Pub. L. 110–457 added par. (4).

§1593A. Benefitting financially from peonage, slavery, and trafficking in persons

18 U.S.C. § 1593A

Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act in violation of this chapter, knowing or in reckless disregard of the fact that the venture has engaged in such violation, shall be fined under this title or imprisoned in the same manner as a completed violation of such section.
Notes, amendments, and revision history

(Added Pub. L. 110–457, title II, § 222(d)(1), Dec. 23, 2008, 122 Stat. 5070; amended Pub. L. 115–393, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5273.)

Editorial Notes

Amendments

2018—Pub. L. 115–393 substituted “this chapter” for “section 1581(a), 1592, or 1595(a)”.

§1594. General provisions

18 U.S.C. § 1594

(a)
Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section.
(b)
Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section.
(c)
Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both.
(d)
The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
(1)
such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and
(2)
any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation, or any property traceable to such property.
(e)
(1)
The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(A)
Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property.
(B)
Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
(2)
The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.
(f)
Transfer of Forfeited Assets.—
(1)
In general.— Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.
(2)
Priority.— Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.
(3)
Use of nonforfeited assets.— Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.
(g)
Witness Protection.— Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection).
Notes, amendments, and revision history

(Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1489; amended Pub. L. 110–457, title II, § 222(c), Dec. 23, 2008, 122 Stat. 5070; Pub. L. 114–22, title I, § 105(a), May 29, 2015, 129 Stat. 236.)

Editorial Notes

Amendments

2015—Subsec. (d)(1). Pub. L. 114–22, § 105(a)(1)(A), substituted “that was involved in, used, or” for “that was used or” and inserted “, and any property traceable to such property” after “such violation”.

Subsec. (d)(2). Pub. L. 114–22, § 105(a)(1)(B), inserted “, or any property traceable to such property” after “such violation”.

Subsec. (e)(1)(A). Pub. L. 114–22, § 105(a)(2), substituted “involved in, used, or” for “used or” and inserted “, and any property traceable to such property” after “any violation of this chapter”.

Subsecs. (f), (g). Pub. L. 114–22, § 105(a)(3), (4), added subsec. (f) and redesignated former subsec. (f) as (g).

2008—Subsecs. (b) to (f). Pub. L. 110–457 added subsecs. (b) and (c) and redesignated former subsecs. (b) to (d) as (d) to (f), respectively.

§1595. Civil remedy

18 U.S.C. § 1595

(a)
An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.
(b)
(1)
Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
(2)
In this subsection, a “criminal action” includes investigation and prosecution and is pending until final adjudication in the trial court.
(c)
No action may be maintained under subsection (a) unless it is commenced not later than the later of—
(1)
10 years after the cause of action arose; or
(2)
10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.
(d)
In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
Notes, amendments, and revision history

(Added Pub. L. 108–193, § 4(a)(4)(A), Dec. 19, 2003, 117 Stat. 2878; amended Pub. L. 110–457, title II, § 221(2), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 114–22, title I, § 120, May 29, 2015, 129 Stat. 247; Pub. L. 115–164, § 6, Apr. 11, 2018, 132 Stat. 1255; Pub. L. 117–347, title I, § 102, Jan. 5, 2023, 136 Stat. 6200.)

Editorial Notes

Amendments

2023—Subsec. (a). Pub. L. 117–347 inserted “or attempts or conspires to benefit,” after “whoever knowingly benefits,”.

2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), substituted “subsection (a)” for “this section”.

Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d).

2015—Subsec. (c). Pub. L. 114–22 substituted “not later than the later of—” for “not later than 10 years after the cause of action arose.” and added pars. (1) and (2).

2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out “of section 1589, 1590, or 1591” after “victim of a violation” and inserted “(or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)” after “perpetrator”.

Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c).

§1595A. Civil injunctions

18 U.S.C. § 1595A

(a)
In General.— Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chapter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act.
(b)
Action by Court.— The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under subsection (a), and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the civil action is brought.
(c)
Procedure.—
(1)
In general.— A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure.
(2)
Sealed proceedings.— If a civil action is brought under subsection (a) before an indictment is returned against the respondent or while an indictment against the respondent is under seal—
(A)
the court shall place the civil action under seal; and
(B)
when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal.
(d)
Rule of Construction.— Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
Notes, amendments, and revision history

(Added Pub. L. 115–393, title II, § 201(a), Dec. 21, 2018, 132 Stat. 5266.)

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec. (c)(1), are set out in the Appendix to this title.

§1596. Additional jurisdiction in certain trafficking offenses

18 U.S.C. § 1596

(a)
In General.— In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if—
(1)
an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or
(2)
an alleged offender is present in the United States, irrespective of the nationality of the alleged offender.
(b)
Limitation on Prosecutions of Offenses Prosecuted in Other Countries.— No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.
Notes, amendments, and revision history

(Added Pub. L. 110–457, title II, § 223(a), Dec. 23, 2008, 122 Stat. 5071.)