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28 U.S.C. § 2466 — Fugitive disentitlement
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action upon a finding that such person—
(1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution—
(A) purposely leaves the jurisdiction of the United States;
(B) declines to enter or reenter the United States to submit to its jurisdiction; or
(C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and
(2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction.
**(b)** Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2466-fugitive-disentitlement--2241fc743d.md
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Source location: Title 28, Chapter 163, § 2466; chapter-163-fines-penalties-and-forfeitures.md
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**(a)** A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action upon a finding that such person—
(1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution—
(A) purposely leaves the jurisdiction of the United States;
(B) declines to enter or reenter the United States to submit to its jurisdiction; or
(C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and
(2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction.
**(b)** Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The following property is subject to forfeiture to the United States:
(A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property.
(B) Any property, real or personal, within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation, or any property used to facilitate such an offense, if the offense—
(i) involves trafficking in nuclear, chemical, biological, or radiological weapons technology or material, or the manufacture, importation, sale, or distribution of a controlled substance (as that term is defined for purposes of the Controlled Substances Act), or any other conduct described in section 1956(c)(7)(B);
(ii) would be punishable within the jurisdiction of the foreign nation by death or imprisonment for a term exceeding 1 year; and
(iii) would be punishable under the laws of the United States by imprisonment for a term exceeding 1 year, if the act or activity constituting the offense had occurred within the jurisdiction of the United States.
(C) Any property, real or personal, which constitutes or is derived from proceeds traceable to a violation of section 215, 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 656, 657, 670, 842, 844, 1005, 1006, 1007, 1014, 1028, 1029, 1030, 1032, or 1344 of this title or any offense constituting “specified unlawful activity” (as defined in [section 1956(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1956/c/7&num=0&edition=prelim)), or a conspiracy to commit such
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 614
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2466
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 por-
tion of the property;
(iii) does not cause the claimant to incur ad-
ditional, reasonable costs or fees; and
(iv) prevails in obtaining forfeiture with re-
spect 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 attor-
ney fees accordingly.
(June 25, 1948, ch. 646, 62 Stat. 975; Pub. L.
106–185, § 4(a), Apr. 25, 2000, 114 Stat. 211.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., §§ 818, 827 (R.S.
§§ 970, 979).
Section consolidates sections 818 and 827 of title 28,
U.S.C., 1940 ed., with changes of phraseology necessary
to effect the consolidation.
The words ‘‘in any proceeding to condemn or forfeit
property’’ were inserted in conformity with the uni-
form course of judicial decisions. See Hammel v. Little,
App.D.C. 1936, 87 F.2d 907, and cases there cited.
The qualifying language of section 827 of title 28,
U.S.C., 1940 ed., requiring the claimant to pay his own
costs before the return of his property was omitted as
unnecessary and involving a matter more properly for
regulation by rule of court. (See sections 1913, 1914, and
1925 of this title.)
(See also section 2006 of this title with respect to ac-
tions against internal revenue officers and their liabil-
ity for acts in the performance of official duties.)
Editorial Notes
AMENDMENTS
2000—Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2466
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