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28 U.S.C. § 2465 — Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon the entry of a judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any provision of Federal law—
(1) such property shall be returned forthwith to the claimant or his agent; and
(2) if it appears that there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate thereof to be entered and, in such case, neither the person who made the seizure or arrest nor the prosecutor shall be liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as provided in subsection (b).
**(b)**
(1) Except as provided in paragraph (2), in any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails, the United States shall be liable for—
(A) reasonable attorney fees and other litigation costs reasonably incurred by the claimant;
(B) post-judgment interest, as set forth in [section 1961 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim); and
(C) in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale—
(i) interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the investment of the property in an interest-bearing account or instrument; and
(ii) an imputed amount of interest that such currency, instruments, or proceeds would have earned at the rate applicable to the 30-day Treasury Bill, for any period during which no interest was paid (not including any period when the property reasonably was in use as evidence in an official proceeding or in conducting scientific tests for the purpose of col
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Stable record: federal_law:legal_authorities:record_usc_49b0061c5063a644745363cd
Source file: Laws/federal/codes/united-states-code/title-28/section-2465-return-of-property-to-claimant-liability-for-wrongful-seizure-attorney-f--5d53992192.md
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Passage SHA-256: 09f78ed3e5a46b1584b303cb3ba988ffb55abab190cc9ce3fc856637e0216819
Source location: Title 28, Chapter 163, § 2465; chapter-163-fines-penalties-and-forfeitures.md
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**(a)** Upon the entry of a judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any provision of Federal law—
(1) such property shall be returned forthwith to the claimant or his agent; and
(2) if it appears that there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate thereof to be entered and, in such case, neither the person who made the seizure or arrest nor the prosecutor shall be liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as provided in subsection (b).
**(b)**
(1) Except as provided in paragraph (2), in any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails, the United States shall be liable for—
(A) reasonable attorney fees and other litigation costs reasonably incurred by the claimant;
(B) post-judgment interest, as set forth in [section 1961 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim); and
(C) in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale—
(i) interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the investment of the property in an interest-bearing account or instrument; and
(ii) an imputed amount of interest that such currency, instruments, or proceeds would have earned at the rate applicable to the 30-day Treasury Bill, for any period during which no interest was paid (not including any period when the property reasonably was in use as evidence in an official proceeding or in conducting scientific tests for the purpose of collecting evidence), commencing 15 days after the property was seized by a Federal law enforcement agency, or was turned over to a Federal law enforcement agency by a State or local law enforcement agency.
(2)
(A) The United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized by this subsection.
(B) The provisions of paragraph (1) shall not apply if the claimant is convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law.
(C) If there are multiple claims to the same property, the United States shall not be liable for costs and attorneys fees associated with any such claim if the United States—
(i) promptly recognizes such claim;
(ii) promptly returns the interest of the claimant in the property to the claimant, if the property can be divided without difficulty and there are no competing claims to that portion of the property;
(iii) does not cause the claimant to incur additional, reasonable costs or fees; and
(iv) prevails in obtaining forfeiture with respect to one or more of the other claims.
(D) If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.11 So in original. The period probably should not appear. the date of the judgment. The Director of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in it to all Federal judges.
**(b)** Interest shall be computed daily to the date of payment except as provided in [section 2516(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2516/b&num=0&edition=prelim) and [section 1304(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1304/b&num=0&edition=prelim), and shall be compounded annually.
**(c)**
(1) This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpayment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986.
(2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit,22 So in original. Probably should be capitalized. at the rate provided in subsection (
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1961
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Federal law — U.S. Code and appendices · legal_authorities
Execution shall not issue against a collector or other revenue officer on a final judgment in any proceeding against him for any of his acts, or for the recovery of any money exacted by or paid to him and subsequently paid into the Treasury, in performing his official duties, if the court certifies that:
(1) probable cause existed; or
(2) the officer acted under the directions of the Secretary of the Treasury, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or other proper Government officer.
When such certificate has been issued, the amount of the judgment shall be paid out of the proper appropriation by the Treasury.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2006
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties**
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subp
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1324
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice; Claim; Complaint.—**
(1)
(A)
(i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure.
(ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law.
(iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either—
(I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding under this section; or
(II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute.
(iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency.
(v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Gove
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 983
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Federal law — U.S. Code and appendices · legal_authorities
Page 613
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2465
Changes were made in phraseology.
§ 2464. Security; special bond
(a) Except in cases of seizures for forfeiture
under any law of the United States, whenever a
warrant of arrest or other process in rem is
issued in any admiralty case, the United States
marshal shall stay the execution of such proc-
ess, or discharge the property arrested if the
process has been levied, on receiving from the
respondent or claimant of the property a bond or
stipulation in double the amount claimed by the
libellant, with sufficient surety, to be approved
by the judge of the district court where the case
is pending, or, in his absence, by the collector of
the port, conditioned to answer the decree of the
court in such case. Such bond or stipulation
shall be returned to the court, and judgment or
decree thereon, against both the principal and
sureties, may be secured at the time of ren-
dering the decree in the original case. The owner
of any vessel may deliver to the marshal a bond
or stipulation, with sufficient surety, to be ap-
proved by the judge of the district court, condi-
tioned to answer the decree of such court in all
or any cases that are brought thereafter in such
court against the vessel. Thereupon the execu-
tion of all such process against such vessel shall
be stayed so long as the amount secured by such
bond or stipulation is at least double the aggre-
gate amount claimed by libellants in such suits
which are begun and pending against such ves-
sel. Similar judgments or decrees and remedies
may be had on such bond or stipulation as if a
special bond or stipulation had been filed in
each of such suits.
(b) The court may make necessary orders to
carry this section into effect, particularly in
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2465
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