§1595 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A victim of an offense under this law can sue the person who harmed them, or anyone who knowingly got money or other value from the illegal activity, including those who tried or planned to benefit. The victim can get money for their losses and payment of reasonable lawyer fees. If a related criminal case is open and the victim is the complainant, the civil suit must be put on hold while the criminal investigation and prosecution are pending until a final trial-court decision. A civil suit must start by the later of: 10 years after the harm happened, or 10 years after the victim turns 18 if they were a child when it happened. A state attorney general may also sue in federal court on behalf of state residents if they believe those residents’ interests have been harmed or threatened by someone who violates section 1591.

Title 18, §1595

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees.

(b)(1)Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.

(2)In this subsection, a “criminal action” includes investigation and prosecution and is pending until final adjudication in the trial court.

(c)No action may be maintained under subsection (a) unless it is commenced not later than the later of—

(1)10 years after the cause of action arose; or

(2)10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.

(d)In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a). Pub. L. 117–347 inserted “or attempts or conspires to benefit,” after “whoever knowingly benefits,”. 2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), substituted “subsection (a)” for “this section”. Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d). 2015—Subsec. (c). Pub. L. 114–22 substituted “not later than the later of—” for “not later than 10 years after the cause of action arose.” and added pars. (1) and (2). 2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out “of section 1589, 1590, or 1591” after “victim of a violation” and inserted “(or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)” after “perpetrator”. Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c).

§1595 Civil remedy

Summary

Title 18, §1595

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata