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25 U.S.C. § 201Penalties; how recovered

submitted date unrecorded by Congress to r/title-25-INDIANS · 102 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain penalties must be collected through a debt lawsuit filed in the name of the United States. Normally, half the money goes to the person who reported the violation, and half goes to the government. If the government starts the case itself, it keeps the entire amount.

This section covers penalties that come due under title 28 of the Revised Statutes — an older federal law. Anyone who owes such a penalty must be sued for it, and the money recovered, through a lawsuit that works like a debt collection case, brought in the name of the United States. This lawsuit can be filed in any court that has jurisdiction, in whatever state or territory the defendant is arrested or found. Normally, half of the money recovered goes to the "informer" — the person who reported the violation — and the other half goes to the United States. There is an exception: if the case was started by the United States itself, rather than by a private informer, then the United States keeps the entire amount.
the actual law source: uscode.house.gov ↗public domain

All penalties which shall accrue under title 28 of the Revised Statutes shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

Source credit: (R.S. § 2124.)

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