18 U.S.C. § 1345 — Injunctions against fraud
submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 311 words · no verdicts yet
The Attorney General may bring civil actions to stop certain fraud, banking-law violations, and Federal health care offenses. Courts may also restrain or place a receiver over property connected to those violations.
(a)(1) If a person is violating or about to violate this chapter, section 287, section 371 when the conspiracy is to defraud the United States or a Federal agency*, section 1001, a banking-law violation as defined in section 3322(d), or a Federal health care offense*, the Attorney General may bring a civil action in any Federal court to stop the violation. (2) If a person is disposing of, or intends to dispose of, property obtained through a banking-law violation or Federal health care offense, or property traceable to one, the Attorney General may bring a civil action to stop the disposition or to obtain a restraining order. The order may prohibit anyone from withdrawing, transferring, removing, dissipating, or disposing of the property or property of equal value, and may appoint a temporary receiver to administer the order. (3) A permanent or temporary injunction or restraining order must be issued without requiring a bond.
(b) The court must hear and decide the action as soon as practicable. Before the final decision, it may issue a restraining order or prohibition, or take other warranted action, to prevent continuing and substantial injury to the United States or to a person or class of persons the action protects. The Federal Rules of Civil Procedure govern the case, except that if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
If a person is—
violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency* thereof), or 1001 of this title;
committing or about to commit a banking law violation (as defined in section 3322(d) of this title); or
committing or about to commit a Federal health care offense*;
the Attorney General may commence a civil action in any Federal court to enjoin such violation.
If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or a Federal health care offense or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court—
to enjoin such alienation or disposition of property; or
for a restraining order to—
prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and
appoint a temporary receiver to administer such restraining order.
A permanent or temporary injunction or restraining order shall be granted without bond.
The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
Source credit: (Added Pub. L. 98–473, title II, § 1205(a), Oct. 12, 1984, 98 Stat. 2152; amended Pub. L. 100–690, title VII, § 7077, Nov. 18, 1988, 102 Stat. 4406; Pub. L. 101–647, title XXV, § 2521(b)(2), title XXXV, § 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104–191, title II, § 247, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 107–273, div. B, title IV, § 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.)
- 1984Enacted · Pub. L. 98-473 · 98 Stat. 2152
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4406
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4865, 4925
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2145
- 1996Amended · Pub. L. 104-191 · 110 Stat. 2018
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1808
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.
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