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28 U.S.C. § 1355 — Fine, penalty or forfeiture

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1395&num=0&edition=prelim) 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 11 So in original. Probably should be capitalized. for the District of Columbia. **(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

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Source file: Laws/federal/codes/united-states-code/title-28/section-1355-fine-penalty-or-forfeiture--3526deb2d3.md
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Source location: Title 28, Chapter 85, § 1355; chapter-085-district-courts-jurisdiction.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1582 — Civil actions commenced by the United States

The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States— (1) to recover a civil penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930; (2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or (3) to recover customs duties.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 251 — Appointment and number of judges; offices

**(a)** The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States. **(b)** The offices of the Court of International Trade shall be located in New York, New York.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1395 — Fine, penalty or forfeiture

**(a)** A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found. **(b)** A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. **(c)** A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. **(d)** A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested. **(e)** Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2461 — Mode of recovery

**(a)** Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. **(b)** Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. **(c)** If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is authorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Procedure. If the defendant is convicted of the offense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 11 So in original. the Federal Rules of Criminal Procedure and [section 3554 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3554&num=0&edition=prelim), United States Code. The procedures in section 413 of the Controlled Substances Act ([21 U.S.C. 853](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim)) apply to all stages of a criminal forfeiture proceeding, except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of such Act.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 360pp — Enforcement

**(a) Jurisdiction of courts** The district courts of the United States shall have jurisdiction, for cause shown, to restrain violations of section 360oo of this title and to restrain dealers and distributors of electronic products from selling or otherwise disposing of electronic products which do not conform to an applicable standard prescribed pursuant to [section 360kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360kk&num=0&edition=prelim) except when such products are disposed of by returning them to the distributor or manufacturer from whom they were obtained. The district courts of the United States shall also have jurisdiction in accordance with [section 1355 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1355&num=0&edition=prelim) to enforce the provisions of subsection (b) of this section. **(b) Penalties** (1) Any person who violates section 360oo of this title shall be subject to a civil penalty of not more than $1,000. For purposes of this subsection, any such violation shall with respect to each electronic product involved, or with respect to each act or omission made unlawful by section 360oo of this title, constitute a separate violation, except that the maximum civil penalty imposed on any person under this subsection for any related series of violations shall not exceed $300,000. (2) Any such civil penalty may on application be remitted or mitigated by the Secretary. In determining the amount of such penalty, or whether it should be remitted or mitigated and in what amount, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 842 — Prohibited acts B

**(a) Unlawful acts** It shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section829&num=0&edition=prelim); (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section825&num=0&edition=prelim); (4) to remove, alter, or obliterate a symbol or label required by [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section825&num=0&edition=prelim); (5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this subchapter or subchapter II; (6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 824(f) or 881 of this title or to remove or dispose of substances so placed under seal; (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter II, any information acquired in the course of an inspection authorized by this subchapter concerning any method or process which

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1355 — Fine, penalty or forfeiture

Page 378 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1351 ‘‘(C) the threat of imminent death; or ‘‘(D) the threat that another individual will im- minently be subjected to death, severe physical pain or suffering, or the administration or applica- tion of mind altering substances or other proce- dures calculated to disrupt profoundly the senses or personality.’’ § 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant The district courts shall have original juris- diction, exclusive of the courts of the States, of all civil actions and proceedings against— (1) consuls or vice consuls of foreign states; or (2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act). (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ and ‘‘all suits and proceedings’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, For- eign Relations and Intercourse. AMENDMENTS 1978—Pub. L. 95–393 substituted ‘‘Consuls, vice con- suls, and members of a diplomatic mission as defend- ant’’ for ‘‘Consuls and vice consuls as defendants’’ in section catchline, designated existing provisions as in- troductory provision preceding par. (1), and in such in- troductory provision as so designated, substituted ‘‘

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