28 U.S.C. § 1395 — Fine, penalty or forfeiture
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 194 words · no verdicts yet
This section identifies where civil proceedings for fines, penalties, forfeitures, and certain vessel cases may be brought.
(a) A civil case to recover a money fine, penalty, or forfeiture may be brought in the district* where the obligation arose or where the defendant is found.
(b) A civil case to forfeit property may be brought in any district where the property is found.
(c) If property was seized outside a judicial district*, the forfeiture case may be brought in any district where the property is brought.
(d) An admiralty case enforcing fines, penalties, or forfeitures against a vessel may be brought in any district where the vessel is arrested.
(e) A case may be brought in any district where the property is taken and the case is filed if it concerns forfeiture of a vessel or cargo entering a port of entry closed by the President under law; goods or personal property from a State or area the President has proclaimed to be in insurrection; or a vessel or vehicle carrying people or property to or from that State or area, or wholly or partly belonging to a resident there.
A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district* where it accrues or the defendant is found.
A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found.
A civil proceeding for the forfeiture of property seized outside any judicial district* may be prosecuted in any district into which the property is brought.
A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested.
Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 936.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 936
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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