Sec. 1355. Fine, penalty or forfeiture
- (a) The district courts shall have original jurisdiction,
exclusive of the courts of the States, of any action or proceeding for the
recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or
otherwise, incurred under any Act of Congress, except matters within the
jurisdiction of the Court of International Trade under section 1582 of
this title.
- (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 [1]
for the District of Columbia.
- (c) In any case in which a final order disposing of property
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.
Footnotes
[1]
So in original. Probably should be capitalized.
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