§5365 — Title 31 Money and Finance | U.S. Code

Summary

Gives federal district courts the sole power to stop or block "restricted transactions" by issuing orders, even if no criminal case has started. The United States, through the Attorney General, can ask a court to stop a restricted transaction. A State attorney general or other state official can also ask a court to stop a restricted transaction that affects their State. Courts may issue a temporary restraining order, a preliminary injunction, or an injunction under rule 65. For restricted transactions on Indian lands (as defined in section 4 of the Indian Gaming Regulatory Act), the United States has the same enforcement power and any Tribal‑State Compact enforcement works under that compact (see section 11, 25 U.S.C. 2710). Orders against interactive computer services are limited. A court may only order the service to remove or block an online site or a link that is on a server the service controls, unless the service is liable under section 5367. The service must get notice and a chance to appear. Courts cannot force services to monitor or search for violations. Orders must name the service and show the exact location to be removed or blocked. An interactive computer service is not liable under 18 U.S.C. 1084(d) unless it had actual knowledge and control of the bets and either runs the unlawful betting website or owns or controls someone who does. Subject to section 5367, the Attorney General or a State official may not bring these stopping actions against a person when that person is acting as a financial transaction provider.

Title 31, §5365

Money and Finance — Source: USLM XML via OLRC

(a)In addition to any other remedy under current law, the district courts of the United States shall have original and exclusive jurisdiction to prevent and restrain restricted transactions by issuing appropriate orders in accordance with this section, regardless of whether a prosecution has been initiated under this subchapter.

(b)(1)(A)The United States, acting through the Attorney General, may institute proceedings under this section to prevent or restrain a restricted transaction.

(B)Upon application of the United States under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.

(2)(A)The attorney general (or other appropriate State official) of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this section to prevent or restrain the violation or threatened violation.

(B)Upon application of the attorney general (or other appropriate State official) of an affected State under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.

(3)(A)Notwithstanding paragraphs (1) and (2), for a restricted transaction that allegedly has been or will be initiated, received, or otherwise made on Indian lands (as that term is defined in section 4 of the Indian Gaming Regulatory Act)—

(i)the United States shall have the enforcement authority provided under paragraph (1); and

(ii)the enforcement authorities specified in an applicable Tribal-State Compact negotiated under section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) shall be carried out in accordance with that compact.

(B)No provision of this section shall be construed as altering, superseding, or otherwise affecting the application of the Indian Gaming Regulatory Act.

(c)(1)Relief granted under this section against an interactive computer service shall—

(A)be limited to the removal of, or disabling of access to, an online site violating section 5363, or a hypertext link to an online site violating such section, that resides on a computer server that such service controls or operates, except that the limitation in this subparagraph shall not apply if the service is subject to liability under this section under section 5367;

(B)be available only after notice to the interactive computer service and an opportunity for the service to appear are provided;

(C)not impose any obligation on an interactive computer service to monitor its service or to affirmatively seek facts indicating activity violating this subchapter;

(D)specify the interactive computer service to which it applies; and

(E)specifically identify the location of the online site or hypertext link to be removed or access to which is to be disabled.

(2)An interactive computer service that does not violate this subchapter shall not be liable under section 1084(d) of title 18, except that the limitation in this paragraph shall not apply if an interactive computer service has actual knowledge and control of bets and wagers and—

(A)operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or

(B)owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.

(d)Notwithstanding any other provision of this section, and subject to section 5367, no provision of this subchapter shall be construed as authorizing the Attorney General of the United States, or the attorney general (or other appropriate State official) of any State to institute proceedings to prevent or restrain a restricted transaction against any financial transaction provider, to the extent that the person is acting as a financial transaction provider.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b)(1)(B), (2)(B), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Indian Gaming Regulatory Act, referred to in subsec. (b)(3), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of Title 25, Indians. section 4 of the Act is classsified to section 2703 of Title 25. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of Title 25 and Tables.

§5365 Civil remedies