PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 4063

the property by the prevailing party shall not deprive the court
of jurisdiction. Upon motion of the appealing party, the district
court or the court of appeals shall issue any order necessary to
preserve the right of the appealing party to the full value of the
property at issue, including a stay of the judgment of the district
court pending appeal or requiring the prevailing party to post
an appeal bond.

"(d) Any court with jurisdiction over a forfeiture action pursuant
to subsection (b) may issue and cause to be served in any other
district such process as may be required to bring before the court
the property mat is the subject of the forfeiture action.".

SEC. 1622. CIVIL FORFEITURE OF FUNGIBLE PROPERTY.

(a) IN GENERAL.—Chapter 46 of title 18, United States Code,
is amended by adding at the end the following new section:

u§ 984. Civil forfeiture of fungible property

"(a) This section shall apply to any action for forfeiture brought
by the Government in connection with any offense under section
1956, 1957, or 1960 of this title or section 5322 of title 31, United
States Code.

"(bXD In any forfeiture action in rem in which the subject
property is cash, monetary instruments in bearer form, funds depos-
ited in an account in a financial institution (as defined in section
20 of this title), or other fungible property—

"(A) it shall not be necessary for the Government to identify

the specific property involved in the offense that is the basis

for the forfeiture; and

"(B) it shall not be a defense that the property involved

in such an offense has been removed and replaced by identical

property.

"(2) Except as provided in subsection (c), any identical property
found in the same place or account as the property involved in
the offense that is the basis for the forfeiture shall be subject
to forfeiture under this section.

"(c) No action pursuant to this section to forfeit property not
traceable directly to the offense that is the basis for the forfeiture
may be commenced more than 1 year from the date of the offense.

"(dXl) No action pursuant to this section to forfeit property
not traceable directly to the offense that is the basis for the forfeit-
ure may be taken against funds held by a financial institution
in an interbank account, unless the financial institution holding
the account knowingly engaged in the offense.

"(2) As used in this section, the term 'interbank account' means
an account held by one financial institution at another financial
institution primarily for the purpose of facilitating customer trans-
actions.". <

(b) CONFORMING AMENDMENT.—The chapter analysis for chap-
ter 46 of title 18, United States Code, is amended by adding at
the end the following:

"984. Civil forfeiture of fungible property.".

SEC. 1523. PROCEDURE FOR SUBPOENAING BANK RECORDS.

(a) IN GENERAL.—Chapter 46 of title 18, United States Code,
is amended by adding at the end the following new section: