Us Code § 987 - Anti-terrorist forfeiture protection

Full text of Us Code United States Code § 987 — Anti-terrorist forfeiture protection, with citation guidance and answers to common questions.

§ 987. Anti-terrorist forfeiture protection

(a) Right to Contest.—An owner of property that is confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists, may contest that confiscation by filing a claim in the manner set forth in the Federal Rules of Civil Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims), and asserting as an affirmative defense that—

(1) the property is not subject to confiscation under such provision of law; or

(2) the innocent owner provisions of section 983(d) of title 18, United States Code, apply to the case.


(b) Evidence.—In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.

(c) Clarifications.—

(1) Protection of rights.—The exclusion of certain provisions of Federal law from the definition of the term "civil forfeiture statute" in section 983(i) of title 18, United States Code, shall not be construed to deny an owner of property the right to contest the confiscation of assets of suspected international terrorists under—

(A) subsection (a) of this section;

(B) the Constitution; or

(C) subchapter II of chapter 5 of title 5, United States Code (commonly known as the "Administrative Procedure Act").


(2) Savings clause.—Nothing in this section shall limit or otherwise affect any other remedies that may be available to an owner of property under section 983 of title 18, United States Code, or any other provision of law.

(Added Pub. L. 109–177, title IV, §406(b)(1)(B), Mar. 9, 2006, 120 Stat. 244.)


Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Supplemental Rules for Certain Admiralty and Maritime Claims, which are set out as part of the Federal Rules of Civil Procedure, were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

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

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 107–56, title III, §316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which was set out as a note under section 983 of this title, prior to repeal by Pub. L. 109–177, §406(b)(2).

CHAPTER 47—FRAUD AND FALSE STATEMENTS

Sec.
1001.
Statements or entries generally.
1002.
Possession of false papers to defraud United States.
1003.
Demands against the United States.
1004.
Certification of checks.
1005.
Bank entries, reports and transactions.
1006.
Federal credit institution entries, reports and transactions.
1007.
Federal Deposit Insurance Corporation transactions.
[1008, 1009. Repealed.]
1010.
Department of Housing and Urban Development and Federal Housing Administration transactions.
1011.
Federal land bank mortgage transactions.
1012.
Department of Housing and Urban Development transactions.
1013.
Farm loan bonds and credit bank debentures.
1014.
Loan and credit applications generally; renewals and discounts; crop insurance.
1015.
Naturalization, citizenship or alien registry.
1016.
Acknowledgment of appearance or oath.
1017.
Government seals wrongfully used and instruments wrongfully sealed.
1018.
Official certificates or writings.
1019.
Certificates by consular officers.
1020.
Highway projects.
1021.
Title records.
1022.
Delivery of certificate, voucher, receipt for military or naval property.
1023.
Insufficient delivery of money or property for military or naval service.
1024.
Purchase or receipt of military, naval, or veteran's facilities property.
1025.
False pretenses on high seas and other waters.
1026.
Compromise, adjustment, or cancellation of farm indebtedness.
1027.
False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974.
1028.
Fraud and related activity in connection with identification documents and information.1

        

1028A.
Aggravated identity theft.
1029.
Fraud and related activity in connection with access devices.
1030.
Fraud and related activity in connection with computers.
1031.
Major fraud against the United States.
1032.
Concealment of assets from conservator, receiver, or liquidating agent of financial institution.2

        

1033.
Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
1034.
Civil penalties and injunctions for violations of section 1033.
1035.
False statements relating to health care matters.
1036.
Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.
1037.
Fraud and related activity in connection with electronic mail.
1038.
False information and hoaxes.
1039.
Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.
1040.
Fraud in connection with major disaster or emergency benefits.

        

Editorial Notes

Amendments

2008—Pub. L. 110–179, §2(b), Jan. 7, 2008, 121 Stat. 2557, added item 1040.

2007—Pub. L. 109–476, §3(b), Jan. 12, 2007, 120 Stat. 3571, added item 1039.

2006—Pub. L. 109–177, title III, §302(b), Mar. 9, 2006, 120 Stat. 233, inserted "or seaport" at end of item 1036.

2004—Pub. L. 108–458, title VI, §6702(b), Dec. 17, 2004, 118 Stat. 3766, added item 1038.

Pub. L. 108–275, §2(b), July 15, 2004, 118 Stat. 832, added item 1028A.

2003—Pub. L. 108–187, §4(a)(2), Dec. 16, 2003, 117 Stat. 2705, added item 1037.

2000—Pub. L. 106–547, §2(b), Dec. 19, 2000, 114 Stat. 2739, added item 1036.

1998—Pub. L. 105–318, §3(h)(2), Oct. 30, 1998, 112 Stat. 3009, inserted "and information" at end of item 1028.

1996—Pub. L. 104–294, title VI, §601(f)(8), Oct. 11, 1996, 110 Stat. 3500, substituted "veteran's facilities" for "veterans' facilities" in item 1024.

Pub. L. 104–191, title II, §244(b), Aug. 21, 1996, 110 Stat. 2017, added item 1035.

1994—Pub. L. 103–322, title XXXII, §320603(b), Sept. 13, 1994, 108 Stat. 2118, added items 1033 and 1034.

1990—Pub. L. 101–647, title XXV, §2501(b), title XXXV, §3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after "1031" and added item 1032.

1989—Pub. L. 101–73, title IX, §§961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 "Federal Savings and Loan Insurance Corporation transactions" and item 1009 "Rumors regarding Federal Savings and Loan Insurance Corporation".

1988—Pub. L. 100–700, §2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031.

1984—Pub. L. 98–473, title II, §§1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030.

1982—Pub. L. 97–398, §3, Dec. 31, 1982, 96 Stat. 2010, added item 1028.

1974—Pub. L. 93–406, title I, §112(a)(2)(B)(iii), formerly §111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, renumbered §112(a)(2)(B)(iii), Pub. L. 117–328, div. T, title III, §320(a)(1), Dec. 29, 2022, 136 Stat. 5354, substituted "Employee Retirement Income Security Act of 1974" for "Welfare and Pension Plans Disclosure Act" in item 1027.

1967—Pub. L. 90–19, §24(e), May 25, 1967, 81 Stat. 28, included "Department of Housing and Urban Development" in item 1010, and substituted the same for "Public Housing Administration" in item 1012.

1962—Pub. L. 87–420, §17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027.

1951—Act Oct. 31, 1951, ch. 655, §25, 65 Stat. 720, substituted "Public Housing Administration" for "United States Housing Authority" in item 1012.

1949—Act May 24, 1949, ch. 139, §§18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted "officers" for "offices" in item 1019.

1 Section catchline amended by Pub. L. 108–21 without corresponding amendment of chapter analysis.

2 Section catchline amended by Pub. L. 111–203 without corresponding amendment of chapter analysis.

About This Section

18 U.S.C. § 987 is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 18 U.S.C. § 987. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.

Using This Page

This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.

Sources

Related Us Code Legal Topics

Frequently Asked Questions About Us Code § 987

What does United States Code § 987 cover?

Section 987 ("Anti-terrorist forfeiture protection") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 987?

A common citation format is "United States Code § 987" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 987 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Us Code.