§1355 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal district courts must handle cases to collect or enforce fines, penalties, or property taken under federal law. State courts cannot hear those cases. The only exception is cases that belong to the Court of International Trade under section 1582. A forfeiture case can be filed in the district where the act that led to the forfeiture happened, or in any district allowed by section 1395 or another law. If the property is in another country or held by a foreign government, the case can also be filed in the federal court in Washington, D.C. If a court orders property turned over and that order is appealed, the winner taking the property does not stop the court from handling the appeal. The person who appeals can ask the court to protect their right to the full value of the property. The court can pause the judgment or require the winner to post a bond. A court that can hear the case may also order officials in other districts to bring the property before it.

Title 28, §1355

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)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.

(b)(1)A forfeiture action or proceeding may be brought in—

(A)the district court for the district in which any of the acts or omissions giving rise to the forfeiture occurred, or

(B)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.

(2)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 11 So in original. Probably should be capitalized. for the District of Columbia.

(c)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.

(d)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 41(9) and 371(2) (Mar. 3, 1911, ch. 231, §§ 24, par. 9, 256, par. 2, 36 Stat. 1092, 1160). Word “fine” was inserted so that this section will apply to the many provisions in the United States Code for fines which are essentially civil. (See, also, section 2461 of this title and reviser’s note thereunder.) Words “pecuniary or otherwise” were added to make this section expressly applicable to both pecuniary and property forfeitures. The original section was so construed in Miller v. United States, 1870, 11 Wall. 268, 20 L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall. 331, and The Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied 49 S.Ct. 23, 278 U.S. 619, 73 L.Ed. 542. Changes were made in phraseology.

Editorial Notes

Amendments

1992—Pub. L. 102–550 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1980—Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. 96–417, set out as a note under section 251 of this title.

§1355 Fine, penalty or forfeiture