PRIA, Government Policy, Made Personal

Summary

The Attorney General can file a civil lawsuit in federal court to stop someone who is breaking or about to break certain federal fraud rules, specific crimes in sections 287, 371 (when it’s a conspiracy to defraud the United States), or 1001, a banking crime defined in section 3322(d), or a federal health care offense. The government can also sue to stop someone from selling, moving, or hiding property that came from those crimes or is traceable to them. The Attorney General may ask the court to freeze that property and put a temporary manager in charge. The court must hold a hearing as soon as possible and can issue temporary orders to prevent serious, ongoing harm. Injunctions or temporary orders do not require a bond. Civil procedure rules apply, but if an indictment has been returned, rules for criminal discovery control how evidence is shared.

Title 18, §1345

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)(1)If a person is—

(A)violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title;

(B)committing or about to commit a banking law violation (as defined in section 3322(d) of this title); or

(C)committing or about to commit a Federal health care offense;

the Attorney General may commence a civil action in any Federal court to enjoin such violation.

(2)If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or a Federal health care offense or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court—

(A)to enjoin such alienation or disposition of property; or

(B)for a restraining order to—

(i)prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and

(ii)appoint a temporary receiver to administer such restraining order.

(3)A permanent or temporary injunction or restraining order shall be granted without bond.

(b)The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Amendments

2002—Subsec. (a)(1)(B). Pub. L. 107–273, § 4002(b)(14)(A), substituted “; or” for “, or” at end. Subsec. (a)(1)(C). Pub. L. 107–273, § 4002(b)(14)(B), substituted semicolon for period at end. 1996—Subsec. (a)(1)(C). Pub. L. 104–191, § 247(a), added subpar. (C). Subsec. (a)(2). Pub. L. 104–191, § 247(b), inserted “or a Federal health care offense” after “title)”. 1994—Pub. L. 103–322, § 330011(k), repealed Pub. L. 101–647, § 3542. See 1990 Amendment note below. 1990—Pub. L. 101–647, § 2521(b)(2), added subsec. (a), inserted subsec. (b) designation, and struck out former first sentence which read as follows: “Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a violation of this chapter, or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such violation.” Pub. L. 101–647, § 3542, which directed insertion of a comma after “of this title”, was repealed by Pub. L. 103–322, § 330011(k). 1988—Pub. L. 100–690 inserted “or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title” after “violation of this chapter,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective Nov. 29, 1990.

§1345 Injunctions Against Fraud