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28 U.S.C. § 1961 — Interest

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

28 U.S.C. § 1961 — Interest

**(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 (

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Source location: Title 28, Chapter 125, § 1961; chapter-125-pending-actions-and-judgments.md

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

26 U.S.C. § 6621 — Determination of rate of interest

**(a) General rule** (1) **Overpayment rate** — The overpayment rate established under this section shall be the sum of— (A) the Federal short-term rate determined under subsection (b), plus (B) 3 percentage points (2 percentage points in the case of a corporation). To the extent that an overpayment of tax by a corporation for any taxable period (as defined in subsection (c)(3), applied by substituting “overpayment” for “underpayment”) exceeds $10,000, subparagraph (B) shall be applied by substituting “0.5 percentage point” for “2 percentage points”. (2) **Underpayment rate** — The underpayment rate established under this section shall be the sum of— (A) the Federal short-term rate determined under subsection (b), plus (B) 3 percentage points. **(b) Federal short-term rate** For purposes of this section— (1) **General rule** — The Secretary shall determine the Federal short-term rate for the first month in each calendar quarter. (2) **Period during which rate applies** (A) *In general* — Except as provided in subparagraph (B), the Federal short-term rate determined under paragraph (1) for any month shall apply during the first calendar quarter beginning after such month. (B) *Special rule for individual estimated tax* — In determining the addition to tax under section 6654 for failure to pay estimated tax for any taxable year, the Federal short-term rate which applies during the 3rd month following such taxable year shall also apply during the first 15 days of the 4th month following such taxable year. (3) **Federal short-term rate** — The Federal short-term rate for any month shall be the Federal short-term rate determined during such month by the Secretary in accordance with section 1274(d). Any such rate shall be rounded to the nearest full

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

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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

15 U.S.C. § 4303 — Limitation on recovery

**(a) Amount recoverable** Notwithstanding [section 15 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15&num=0&edition=prelim) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim) on such actual damages as specified in subsection (d) of this section, and the cost of suit attributable to such claim, including a reasonable attorney’s fee pursuant to [section 4304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4304&num=0&edition=prelim) if such claim— (1) results from conduct that is within the scope of a notification that has been filed under [section 4305(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/a&num=0&edition=prelim) for a joint venture, or for a standards development activity engaged in by a standards development organization against which such claim is made, and (2) is filed after such notification becomes effective pursuant to [section 4305(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4305/c&num=0&edition=prelim). **(b) Recovery by States** Notwithstanding [section 15c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15c&num=0&edition=prelim), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsect

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

21 U.S.C. § 844a — Civil penalty for possession of small amounts of certain controlled substances

**(a) In general** Any individual who knowingly possesses a controlled substance that is listed in [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim) in violation of [section 844 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim) in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation. **(b) Income and net assets** The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered. **(c) Prior conviction** A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance. **(d) Limitation on number of assessments** A civil penalty may not be assessed on an individual under this section on more than two separate occasions. **(e) Assessment** A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the

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

22 U.S.C. § 6091 — Liability for trafficking in confiscated property claimed by United States nationals

**(a) Civil remedy** (1) **Liability for trafficking** (A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this subchapter, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of— (i) the amount which is the greater of— (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949 [[22 U.S.C. 1621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1621&num=0&edition=prelim) et seq.], plus interest; (II) the amount determined under [section 6083(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6083/a/2&num=0&edition=prelim), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys’ fees. (B) Interest under subparagraph (A)(i) shall be at the rate set forth in [section 1961 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1961&num=0&edition=prelim), computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection. (2) **Presumption in favor of the certified claims** — There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6091

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

28 U.S.C. § 2465 — Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest

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

28 U.S.C. § 1961 — Interest

Page 496 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1961 1 So in original. The period probably should not appear. 2 So in original. Probably should be capitalized. tricts’’ for ‘‘of the district courts and the Court of International Trade’’ in item 1963. 1988—Pub. L. 100–702, title X, § 1002(b)(3), Nov. 19, 1988, 102 Stat. 4664, substituted ‘‘Registration of judgments of the district courts and the Court of International Trade’’ for ‘‘Registration in other districts’’ in item 1963 and repealed item 1963A ‘‘Registration of judg- ments of the Court of International Trade’’. 1980—Pub. L. 96–417, title V, § 511(b), Oct. 10, 1980, 94 Stat. 1743, added item 1963A. 1958—Pub. L. 85–689, § 1(b), (c), Aug. 20, 1958, 72 Stat. 683, substituted ‘‘CHAPTER 125—PENDING ACTIONS AND JUDGMENTS’’ for ‘‘CHAPTER 125—JUDG- MENTS’’ in chapter heading and added item 1964. § 1961. Interest (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 recov- ered 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 av- erage 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.1 the date of the judgment. The Direc- tor 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 and section 1304(b) of

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1961

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