Types of Violations Tiggering Forfeitures

Civil asset forfeiture actions are related to various violations including:

• 18 U.S.C. § 1028 (Identity theft)
  • 18 U.S.C. § 1028(a)(1) makes it a crime, inter alia, to knowingly and without lawful authority produce an identification document, authentication feature, or a false identification document.
  • 18 U.S.C. § 1028(a)(7) makes it a crime, inter alia, to knowingly transfer, possess, or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law.
  • The term “means of identification” is defined in 18 U.S.C. § 1028(d)(7) and includes, inter alia, name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number.
• 18 U.S.C. § 1030 (Computer fraud and abuse)
  • 18 U.S.C. § 1030(a)(2)(C) makes it a crime, inter alia, to intentionally access a computer without authorization and thereby obtain information from any protected computer.
  • 18 U.S.C. § 1030(a)(4) makes it a crime, inter alia, to knowingly and with intent to defraud, access a protected computer without authorization, and by means of such conduct further the intended fraud and obtain anything of value.
  • The term “protected computer” is defined in 18 U.S.C. § 1030(e)(2) and includes, inter alia, a computer used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
  • In Van Buren v. United States, 141 S. Ct. 1648, 1652 (2021), the court defined protected computer under 18
    U.S.C. § 1030(e)(2)(B) to include “at a minimum . . . all computers that connect to the Internet”).
  • 18 U.S.C. § 371 prohibits a conspiracy to commit an offense or to defraud the United States, including violations of 18 U.S.C. § 1028(a)(7) and 1030(a)(2).
• 18 U.S.C. § 1343 (Wire fraud)
  • 18 U.S.C. § 1343 makes it a crime for anyone, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, to transmit or cause to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.
  • 18 U.S.C. § 1349 prohibits the attempt or conspiracy of a violation of 18 U.S.C. § 1343.
• 18 U.S.C. § 1956 (Money laundering), and conspiracy to commit the foregoing offenses in violation of 18 U.S.C. §§ 371, 1349, and 1956(h).
  • 18 U.S.C. § 1956(a)(1)(A)(i) makes it a crime to conduct or attempt to conduct a financial transaction, knowing that the property involved in the transaction represents the proceeds of some form of unlawful activity, and which in fact involves the proceeds of specified unlawful activity, with the intent to promote the carrying on of specified unlawful
    activity. This offense is sometimes referred to as promotional money laundering.
  • 18 U.S.C. § 1956(a)(1)(B)(i) makes it a crime to conduct or attempt to conduct a financial transaction, knowing that the property involved in the transaction represents the proceeds of some form of unlawful activity, and which in fact involves the proceeds of specified unlawful activity, knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity. This offense is sometimes referred to as concealment money laundering.
  • The term “specified unlawful activity” is defined in 18 U.S.C. §§ 1956(c)(7) and 1961(1).
  • 18 U.S.C. § 1956(h) criminalizes a conspiracy to violate § 1956.