§2466 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

A judge can stop someone from using the federal courts to press a claim tied to a civil or related criminal forfeiture case if the judge finds that, after learning a warrant or arrest papers were issued for them, the person left the United States, refused to come or return to face charges, or otherwise dodged the court, and the person is not being held in custody somewhere else. The same rule applies to a corporation when a majority owner or the person filing the claim for the company meets those conditions.

Title 28, §2466

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action upon a finding that such person—

(1)after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution—

(A)purposely leaves the jurisdiction of the United States;

(B)declines to enter or reenter the United States to submit to its jurisdiction; or

(C)otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and

(2)is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction.

(b)Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Pub. L. 109–177 directed amendment of directory language of Pub. L. 107–56, § 322, identical to amendment by Pub. L. 109–162. See below. Pub. L. 109–162 amended directory language of Pub. L. 107–56, § 322. See 2001 Amendment note below. 2001—Pub. L. 107–56, § 322, as amended by Pub. L. 109–162, designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–162, title XI, § 1171(c), Jan. 5, 2006, 119 Stat. 3123, provided in part that the amendment made by section 1171(c) of Pub. L. 109–162 is effective Oct. 26, 2001.

Effective Date

Pub. L. 106–185, § 14(c), Apr. 25, 2000, 114 Stat. 219, provided that: “The

Amendments

made by this section [enacting this section] shall apply to any case pending on or after the date of the enactment of this Act [Apr. 25, 2000].”

§2466 Fugitive disentitlement

Summary

Title 28, §2466

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata