§ 1355. — Fine, penalty or forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1355]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1355. Fine, penalty or forfeiture
(a) The district courts shall have original jurisdiction, exclusive
of the courts of the States, of any action or proceeding for the
recovery or enforcement of any fine, penalty, or forfeiture, pecuniary
or otherwise, incurred under any Act of Congress, except matters within
the jurisdiction of the Court of International Trade under section 1582
of this title.
(b)(1) A forfeiture action or proceeding may be brought in--
(A) the district court for the district in which any of the acts
or omissions giving rise to the forfeiture occurred, or
(B) any other district where venue for the forfeiture action or
proceeding is specifically provided for in section 1395 of this
title or any other statute.
(2) Whenever property subject to forfeiture under the laws of the
United States is located in a foreign country, or has been detained or
seized pursuant to legal process or competent authority of a foreign
government, an action or proceeding for forfeiture may be brought as
provided in paragraph (1), or in the United States District court \1\
for the District of Columbia.
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\1\ So in original. Probably should be capitalized.
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(c) In any case in which a final order disposing of property in a
civil forfeiture action or proceeding is appealed, removal of the
property by the prevailing party shall not deprive the court of
jurisdiction. Upon motion of the appealing party, the district court or
the court of appeals shall issue any order necessary to preserve the
right of the appealing party to the full value of the property at issue,
including a stay of the judgment of the district court pending appeal or
requiring the prevailing party to post an appeal bond.
(d) Any court with jurisdiction over a forfeiture action pursuant to
subsection (b) may issue and cause to be served in any other district
such process as may be required to bring before the court the property
that is the subject of the forfeiture action.
(June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96-417, title V,
Sec. 507, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102-550, title XV,
Sec. 1521, Oct. 28, 1992, 106 Stat. 4062.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 41(9) and 371(2) (Mar. 3,
1911, ch. 231, Secs. 24, par. 9, 256, par. 2, 36 Stat. 1092, 1160).
Word ``fine'' was inserted so that this section will apply to the
many provisions in the United States Code for fines which are
essentially civil. (See, also, section 2461 of this title and reviser's
note thereunder.)
Words ``pecuniary or otherwise'' were added to make this section
expressly applicable to both pecuniary and property forfeitures. The
original section was so construed in Miller v. United States, 1870, 11
Wall. 268, 20 L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall. 331, and The
Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied 49 S.Ct. 23, 278
U.S. 619, 73 L.Ed. 542.
Changes were made in phraseology.
Amendments
1992--Pub. L. 102-550 designated existing provisions as subsec. (a)
and added subsecs. (b) to (d).
1980--Pub. L. 96-417 inserted exception for matters within the
jurisdiction of the Court of International Trade under section 1582 of
this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 applicable with respect to civil actions
commenced on or after the 90th day after Nov. 1, 1980, see section
701(c)(1)(B) of Pub. L. 96-417, set out as a note under section 251 of
this title.
Section Referred to in Other Sections
This section is referred to in title 18 section 981; title 21
sections 360pp, 842.
