28 U.S.C. § 2464 — Security; special bond

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 giving proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits wherein process is so stayed. Further security may be required by the court at any time. (c) If a special bond or stipulation in the par- ticular case is given under this section, the li- ability as to said case on the general bond or stipulation shall cease. The parties may stipu- late the amount of the bond or stipulation for the release of a vessel or other property to be not more than the amount claimed in the libel, with interest, plus an allowance for libellant’s costs. In the event of the inability or refusal of the parties to so stipulate, the court shall fix the amount, but if not so fixed then a bond shall be required in the amount prescribed in this sec- tion. (June 25, 1948, ch. 646, 62 Stat. 974.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 754 (R.S. § 941; Mar. 3, 1899, ch. 441, 30 Stat. 1354; Aug. 3, 1935, ch. 431, § 3, 49 Stat. 513). Changes were made in phraseology. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise of Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by the President with the advice and consent of the Sen- ate were ordered abolished, with such offices to be ter- minated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organiza- tion and Employees. All functions of the offices elimi- nated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 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 for- feit property seized or arrested under any provi- sion 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 claim- ant 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 claim- ant substantially prevails, the United States shall be liable for— (A) reasonable attorney fees and other liti- gation costs reasonably incurred by the claim- ant; (B) post-judgment interest, as set forth in section 1961 of this title; and (C) in cases involving currency, other nego- tiable instruments, or the proceeds of an in- terlocutory sale— (i) interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the invest- ment 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 dur- ing which no interest was paid (not includ- ing any period when the property reasonably was in use as evidence in an official pro- ceeding or in conducting scientific tests for the purpose of collecting evidence), com- mencing 15 days after the property was seized by a Federal law enforcement agency, or was turned over to a Federal law enforce- ment agency by a State or local law enforce- ment 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 prop- erty 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