18 U.S.C. § 1595A: Civil injunctions

Summary

The Attorney General can file a federal civil lawsuit to stop anyone who is doing, or about to do, violations of this chapter, chapter 110, or chapter 117, or who is part of a conspiracy under section 371 to commit those violations. The court must act quickly and can issue temporary orders or other steps to stop continuing and serious harm to the United States or to people the suit is meant to protect. The case follows the Federal Rules of Civil Procedure, except that if an indictment has been returned, discovery follows the Federal Rules of Criminal Procedure. If the civil suit is filed before an indictment is unsealed or while the indictment is under seal, the court must keep the civil case sealed and only unseal it when the indictment is unsealed unless there is good cause to keep it sealed. Nothing here reduces First Amendment rights.

Title 18, §1595A

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chapter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act.

(b)Action by Court.—

The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under subsection (a), 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 civil action is brought.

(c)Procedure.—

(1)In general.—

A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure.

(2)Sealed proceedings.—

If a civil action is brought under subsection (a) before an indictment is returned against the respondent or while an indictment against the respondent is under seal—

(A)the court shall place the civil action under seal; and

(B)when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal.

(d)Rule of Construction.—

Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(1), are set out in the Appendix to this title.

§1595A Civil Injunctions

Summary

Title 18, §1595A

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata