28 U.S.C. § 1355 — Fine, penalty or forfeiture
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 319 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The district* courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise, incurred under any Act of Congress, except matters within the jurisdiction of the Court of International Trade under section 1582 of this title.
A forfeiture action or proceeding may be brought in—
the district court* for the district in which any of the acts or omissions giving rise to the forfeiture occurred, or
any other district where venue for the forfeiture action or proceeding is specifically provided for in section 1395 of this title or any other statute.
Whenever property subject to forfeiture under the laws of the United States is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, an action or proceeding for forfeiture may be brought as provided in paragraph (1), or in the United States District court 1 for the District of Columbia.
In any case in which a final order disposing of property in a civil forfeiture action or proceeding is appealed, removal of 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.
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 that is the subject of the forfeiture action.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, title V, § 507, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–550, title XV, § 1521, Oct. 28, 1992, 106 Stat. 4062.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 934
- 1980Amended · Pub. L. 96-417 · 94 Stat. 1743
- 1992Amended · Pub. L. 102-550 · 106 Stat. 4062
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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