---
kind: "range"
citation: "18 U.S.C. §§ 1593–1596"
title: "18"
from: "1593"
to: "1596"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/18/1593..1596"
---

# §1593. Mandatory restitution

- (a) Notwithstanding section [3663](/usc/18/3663.md) or [3663A](/usc/18/3663A.md), 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](#c) (through the appropriate court mechanism) the [full amount of the victim](#b-3)’s [losses](/usc/18/1037.md?p=d-1), 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](/usc/18/3664.md) in the same manner as an order under [section 3663A](/usc/18/3663A.md).
  - (3) As used in this subsection, the term “full amount of the victim’s [losses](/usc/18/1037.md?p=d-1)” has the same meaning as provided in [section 2259(c)(2)](/usc/18/2259.md?p=c-2) and shall in addition include the greater of the gross income or value to the defendant of the [victim](#c)’s services or labor or the value of the [victim](#c)’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act ([29 U.S.C. 201](/usc/29/201.md) 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](/usc/21/853.md)).
- (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.

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


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.


# §1594. General provisions

- (a) Whoever attempts to violate section [1581](/usc/18/1581.md), [1583](/usc/18/1583.md), [1584](/usc/18/1584.md), [1589](/usc/18/1589.md), [1590](/usc/18/1590.md), or [1591](/usc/18/1591.md) shall be punishable in the same manner as a completed violation of that section.
- (b) Whoever conspires with another to violate section [1581](/usc/18/1581.md), [1583](/usc/18/1583.md), [1589](/usc/18/1589.md), [1590](/usc/18/1590.md), or [1592](/usc/18/1592.md) shall be punished in the same manner as a completed violation of such section.
- (c) Whoever conspires with another to violate [section 1591](/usc/18/1591.md) 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](/usc/18/402.md) law, that such person shall forfeit to the [United States](/usc/18/5.md)—
  - (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](/usc/18/1957.md?p=f-3) 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](/usc/18/5.md) 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](/usc/18/1957.md?p=f-3) traceable to any violation of this chapter.
  - (2) The provisions of [chapter 46](/usc/18/chptI-ch46.md) 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](/usc/18/1957.md?p=f-3) derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.
  - (2) **Priority.—** Transfers pursuant to [paragraph (1)](#f-1) shall have priority over any other claims to the assets or their [proceeds](/usc/18/1957.md?p=f-3).
  - (3) **Use of nonforfeited assets.—** Transfers pursuant to [paragraph (1)](#f-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](/usc/18/1957.md?p=f-3) 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](/usc/18/2441.md?p=d-2-E-i) offense for the purposes of application of [chapter 224](/usc/18/chptII-ch224.md) (relating to witness protection).

# §1595. Civil remedy

- (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](/usc/18/23.md) and may recover damages and reasonable attorneys fees.
- (b)
  - (1) Any civil action filed under [subsection (a)](#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)](#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](/usc/18/402.md) has reason to believe that an interest of the residents of that [State](/usc/18/402.md) has been or is threatened or adversely affected by any person who violates [section 1591](/usc/18/1591.md), the attorney general of the [State](/usc/18/402.md), as parens patriae, may bring a civil action against such person on behalf of the residents of the [State](/usc/18/402.md) in an appropriate district [court of the United States](/usc/18/23.md) to obtain appropriate relief.

# §1595A. Civil injunctions

- (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](/usc/18/chptI-ch110.md), or [chapter 117](/usc/18/chptI-ch117.md), or a conspiracy under [section 371](/usc/18/371.md) to commit a violation of this chapter, [chapter 110](/usc/18/chptI-ch110.md), or [chapter 117](/usc/18/chptI-ch117.md), the Attorney General may bring a civil action in a district [court of the United States](/usc/18/23.md) 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)](#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](/usc/18/5.md) 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)](#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](/usc/18/5.md).

# §1596. Additional jurisdiction in certain trafficking offenses

- (a) **In General.—** In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the [United States](/usc/18/5.md) have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section [1581](/usc/18/1581.md), [1583](/usc/18/1583.md), [1584](/usc/18/1584.md), [1589](/usc/18/1589.md), [1590](/usc/18/1590.md), or [1591](/usc/18/1591.md) if—
  - (1) an alleged offender is a national of the [United States](/usc/18/5.md) 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](/usc/8/1101.md))); or
  - (2) an alleged offender is present in the [United States](/usc/18/5.md), 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](/usc/18/11.md), in accordance with jurisdiction recognized by the [United States](/usc/18/5.md), 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.