§ 1345. — Injunctions against fraud.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1345]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 63--MAIL FRAUD
Sec. 1345. Injunctions against fraud
(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.
(Added Pub. L. 98-473, title II, Sec. 1205(a), Oct. 12, 1984, 98 Stat.
2152; amended Pub. L. 100-690, title VII, Sec. 7077, Nov. 18, 1988, 102
Stat. 4406; Pub. L. 101-647, title XXV, Sec. 2521(b)(2), title XXXV,
Sec. 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103-322, title
XXXIII, Sec. 330011(k), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104-191,
title II, Sec. 247, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 107-273, div.
B, title IV, Sec. 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.)
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, Sec. 4002(b)(14)(A),
substituted ``; or'' for ``, or'' at end.
Subsec. (a)(1)(C). Pub. L. 107-273, Sec. 4002(b)(14)(B), substituted
semicolon for period at end.
1996--Subsec. (a)(1)(C). Pub. L. 104-191, Sec. 247(a), added subpar.
(C).
Subsec. (a)(2). Pub. L. 104-191, Sec. 247(b), inserted ``or a
Federal health care offense'' after ``title)''.
1994--Pub. L. 103-322, Sec. 330011(k), repealed Pub. L. 101-647,
Sec. 3542. See 1990 Amendment note below.
1990--Pub. L. 101-647, Sec. 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, Sec. 3542, which directed insertion of a comma
after ``of this title'', was repealed by Pub. L. 103-322,
Sec. 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,''.
Effective Date of 1994 Amendment
Section 330011(k) of Pub. L. 103-322 provided that the amendment
made by that section is effective Nov. 29, 1990.
