18 U.S.C. § 1595 — Civil remedy

Page 415 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1595 Editorial Notes AMENDMENTS 2018—Pub. L. 115–393 substituted ‘‘this chapter’’ for ‘‘section 1581(a), 1592, or 1595(a)’’. § 1594. General provisions (a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section. (b) Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be pun- ished in the same manner as a completed viola- tion of such section. (c) Whoever conspires with another to violate section 1591 shall be fined under this title, im- prisoned for any term of years or for life, or both. (d) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States— (1) such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and (2) any property, real or personal, consti- tuting or derived from, any proceeds that such person obtained, directly or indirectly, as a re- sult of such violation, or any property trace- able to such property. (e)(1) The following shall be subject to for- feiture to the United States and no property right shall exist in them: (A) Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property. (B) Any property, real or personal, which constitutes or is derived from proceeds trace- able to any violation of this chapter. (2) The provisions of chapter 46 of this title re- lating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection. (f) TRANSFER OF FORFEITED ASSETS.— (1) IN GENERAL.—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this sec- tion, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter. (2) PRIORITY.—Transfers pursuant to para- graph (1) shall have priority over any other claims to the assets or their proceeds. (3) USE OF NONFORFEITED ASSETS.—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to sat- isfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited as- sets. (g) WITNESS PROTECTION.—Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection). (Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1489; amended Pub. L. 110–457, title II, § 222(c), Dec. 23, 2008, 122 Stat. 5070; Pub. L. 114–22, title I, § 105(a), May 29, 2015, 129 Stat. 236.) Editorial Notes AMENDMENTS 2015—Subsec. (d)(1). Pub. L. 114–22, § 105(a)(1)(A), sub- stituted ‘‘that was involved in, used, or’’ for ‘‘that was used or’’ and inserted ‘‘, and any property traceable to such property’’ after ‘‘such violation’’. Subsec. (d)(2). Pub. L. 114–22, § 105(a)(1)(B), inserted ‘‘, or any property traceable to such property’’ after ‘‘such violation’’. Subsec. (e)(1)(A). Pub. L. 114–22, § 105(a)(2), substituted ‘‘involved in, used, or’’ for ‘‘used or’’ and inserted ‘‘, and any property traceable to such property’’ after ‘‘any violation of this chapter’’. Subsecs. (f), (g). Pub. L. 114–22, § 105(a)(3), (4), added subsec. (f) and redesignated former subsec. (f) as (g). 2008—Subsecs. (b) to (f). Pub. L. 110–457 added subsecs. (b) and (c) and redesignated former subsecs. (b) to (d) as (d) to (f), respectively. § 1595. Civil remedy (a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from partici- pation in a venture which that person knew or should have known has engaged in an act in vio- lation of this chapter) in an appropriate district court of the United States and may recover damages and reasonable attorneys fees. (b)(1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occur- rence in which the claimant is the victim. (2) In this subsection, a ‘‘criminal action’’ in- cludes investigation and prosecution and is pending until final adjudication in the trial court. (c) No action may be maintained under sub- section (a) unless it is commenced not later than the later of— (1) 10 years after the cause of action arose; or (2) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense. (d) In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the resi- dents of the State in an appropriate district court of the United States to obtain appropriate relief. (Added Pub. L. 108–193, § 4(a)(4)(A), Dec. 19, 2003, 117 Stat. 2878; amended Pub. L. 110–457, title II, § 221(2), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 114–22, title I, § 120, May 29, 2015, 129 Stat. 247; Pub. L. 115–164, § 6, Apr. 11, 2018, 132 Stat. 1255; Pub. L. 117–347, title I, § 102, Jan. 5, 2023, 136 Stat. 6200.) Page 416 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1595A Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 117–347 inserted ‘‘or at- tempts or conspires to benefit,’’ after ‘‘whoever know- ingly benefits,’’. 2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), sub- stituted ‘‘subsection (a)’’ for ‘‘this section’’. Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d). 2015—Subsec. (c). Pub. L. 114–22 substituted ‘‘not later than the later of—’’ for ‘‘not later than 10 years after the cause of action arose.’’ and added pars. (1) and (2). 2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out ‘‘of section 1589, 1590, or 1591’’ after ‘‘victim of a violation’’ and inserted ‘‘(or whoever knowingly bene- fits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)’’ after ‘‘perpetrator’’. Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c). § 1595A. Civil injunctions (a) IN GENERAL.—Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chap- ter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act. (b) ACTION BY COURT.—The court shall proceed as soon as practicable to the hearing and deter- mination of a civil action brought under sub- section (a), and may, at any time before final de- termination, enter such a restraining order or prohibition, or take such other action, as is war- ranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the civil action is brought. (c) PROCEDURE.— (1) IN GENERAL.—A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indict- ment has been returned against the respond- ent, discovery shall be governed by the Fed- eral Rules of Criminal Procedure. (2) SEALED PROCEEDINGS.—If a civil action is brought under subsection (a) before an indict- ment is returned against the respondent or while an indictment against the respondent is under seal— (A) the court shall place the civil action under seal; and (B) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal. (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States. (Added Pub. L. 115–393, title II, § 201(a), Dec. 21, 2018, 132 Stat. 5266.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(1), are set out in the Appendix to this title. § 1596. Additional jurisdiction in certain traf- ficking offenses (a) IN GENERAL.—In addition to any domestic or extra-territorial jurisdiction otherwise pro- vided by law, the courts of the United States have extra-territorial jurisdiction over any of- fense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if— (1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or (2) an alleged offender is present in the United States, irrespective of the nationality of the alleged offender. (b) LIMITATION ON PROSECUTIONS OF OFFENSES PROSECUTED IN OTHER COUNTRIES.—No prosecu- tion may be commenced against a person under this section if a foreign government, in accord- ance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such of- fense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. (Added Pub. L. 110–457, title II, § 223(a), Dec. 23, 2008, 122 Stat. 5071.) § 1597. Unlawful conduct with respect to immi- gration documents (a) DESTRUCTION, CONCEALMENT, REMOVAL, CONFISCATION, OR POSSESSION OF IMMIGRATION DOCUMENTS.—It shall be unlawful for any person to knowingly destroy, conceal, remove, con- fiscate, or possess, an actual or purported pass- port or other immigration document of another individual— (1) in the course of violating section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); (2) with intent to violate section 1351 of this title or section 274 of the Immigration and Na- tionality Act (8 U.S.C. 1324); or (3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual. (b) PENALTY.—Any person who violates sub- section (a) shall be fined under this title, impris- oned for not more than 1 year, or both. (c) OBSTRUCTION.—Any person who knowingly obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties de- scribed in subsection (b). (Added Pub. L. 113–4, title XII, § 1211(c)(1), Mar. 7, 2013, 127 Stat. 142.) CHAPTER 79—PERJURY Sec. 1621. Perjury generally. 1622. Subornation of perjury. 1623. False declarations before grand jury or court.