§ 1355. Fine, penalty or forfeiture

Footnotes

1. 1 So in original. Probably should be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 1355

   June 25, 1948, ch. 646, 62 Stat. 934

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 934

2. 1980

   Customs Courts Act of 1980

   Pub. L. 96–417 title V § 507 · 94 Stat. 1727

   Inserted · 28 U.S.C. § 1355

   Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title

   Source evidence

   Code amendment note
   Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International Trade under section 1582 of this title.

   Enacted provision · exact public law section
   Sec. 507. Section 1355 of title 28, United States Code, is amended by inserting immediately before the period at the end thereof the following: “, except matters within the jurisdiction of the Court of International Trade under section 1582 of this title”.

   Effective date note
   Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. 96–417, set out as a note under section 251 of this title.

3. 1992

   AnnunzioWylie Anti-Money Laundering Act

   Pub. L. 102–550 title XV § 1521 · 106 Stat. 3672

   1. Amended · 28 U.S.C. § 1355

      Pub. L. 102–550 designated existing provisions as subsec. (a)

   2. Added · 28 U.S.C. § 1355

      Pub. L. 102–550 added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Pub. L. 102–550 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

   Enacted provision · exact public law section
   SEC. 1521. JURISDICTION IN CIVIL FORFEITURE CASES. Section 1355 of title 28, United States Code, is amended— (1) by inserting “(a)” before “The district”; and (2) by adding at the end the following new subsections: “(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 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 for the District of Columbia. “(c) 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 the district court pending appeal or requiring the prevailing party to post an appeal bond. “(d) Any court with jurisdiction over a forfeiture action pursuant to subsection (b) may issue and cause to be served in any other district such process as may be required to bring before the court the property that is the subject of the forfeiture action.”

3 of 4 references resolved to an enrolled provision · 1 partial