owner

(4) Definitions .— For purposes of this subsection, the following definitions shall apply: (A) Interbank account .— The term “interbank account” has the same meaning as in section 984(c)(2)(B). (B) Owner.— (i) In general .— Except as provided in clause (ii), the term “owner”— (I) means the person who was the owner, as that term is defined in section 983(d)(6), of the funds that were deposited into the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) at the time such funds were deposited; and (II) does not include either the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) or any financial institution acting as an intermediary in the transfer of the funds into the interbank account. (ii) Exception .— The foreign financial institution (as defined in section 984(c)(2)(A) of this title ) may be considered the “owner” of the funds (and no other person shall qualify as the owner of such funds) only if— (I) the basis for the forfeiture action is wrongdoing committed by the foreign financial institution (as defined in section 984(c)(2)(A) of this title ); or (II) the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) establishes, by a preponderance of the evidence, that prior to the restraint, seizure, or arrest of the funds, the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) had discharged all or part of its obligation to the prior owner of the funds, in which case the foreign financial institution (as defined in section 984(c)(2)(A) of this title ) shall be deemed the owner of the funds to the extent of such discharged obligation.

Source

18 USC § 981(k)(4)


Scoping language

None identified. Default scope is assumed to be the entire title.
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