---
kind: "section"
citation: "18 U.S.C. § 2328"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "2328"
heading: "Mandatory forfeiture"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/2328"
units:
  - "Part I — Crimes"
  - "Chapter 113A — Telemarketing and Email Marketing Fraud"
---

# §2328. Mandatory forfeiture

- (a) **In General.—** The court, in imposing sentence on a [person](/usc/18/229F.md?p=5) who is convicted of any offense for which an enhanced penalty is provided under [section 2326](/usc/18/2326.md), shall order that the defendant forfeit to the [United States](/usc/18/229F.md?p=9)—
  - (1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
  - (2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
- (b) **Procedures.—** The procedures set forth in section 413 of the Controlled Substances Act ([21 U.S.C. 853](/usc/21/853.md)), other than [subsection (d)](/usc/21/853.md?p=d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.

## Source credit

(Added Pub. L. 115–70, title IV, § 402(a)(4), Oct. 18, 2017, 131 Stat. 1214.)

## Notes

### Editorial Notes

### References in Text

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