§2467 Enforcement of Foreign Judgment

Summary

Lets certain foreign countries ask U.S. courts to enforce their final orders that make someone pay money from illegal activity or give up property tied to crimes. Foreign nation — a country that joined the U.N. drug-trafficking treaty or that has a treaty or formal agreement with the U.S. for mutual forfeiture help. Forfeiture or confiscation judgment — a final foreign order to pay money from crime proceeds or to forfeit property tied to those crimes. The foreign country must first send a request to the U.S. Attorney General. The request must include a case summary, a certified copy of the foreign order, a sworn statement saying people with an interest got proper notice and the order is final, and any other information the Attorney General asks for. The Attorney General decides in the interest of justice whether to certify the request. That decision is final and cannot be reviewed by courts or under the Administrative Procedure Act. If certified, the United States can ask a federal district court to enforce the foreign order as if it were a U.S. judgment. The U.S. is the applicant and the person affected is the respondent. The case can be filed in D.C. or where the person or property is found. The court must enforce the order unless it finds serious problems, such as lack of fair process, lack of jurisdiction, lack of proper notice, or fraud. The court may issue or enforce restraining orders to preserve property and must follow set due-process rules. The court must accept the foreign court’s stated facts, and the exchange rate in effect when the enforcement suit is filed is used to calculate any money owed.