§ 1395. — Fine, penalty or forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1395]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1395. Fine, penalty or forfeiture
(a) A civil proceeding for the recovery of a pecuniary fine, penalty
or forfeiture may be prosecuted in the district where it accrues or the
defendant is found.
(b) A civil proceeding for the forfeiture of property may be
prosecuted in any district where such property is found.
(c) A civil proceeding for the forfeiture of property seized outside
any judicial district may be prosecuted in any district into which the
property is brought.
(d) A proceeding in admiralty for the enforcement of fines,
penalties and forfeitures against a vessel may be brought in any
district in which the vessel is arrested.
(e) Any proceeding for the forfeiture of a vessel or cargo entering
a port of entry closed by the President in pursuance of law, or of goods
and chattels coming from a State or section declared by proclamation of
the President to be in insurrection, or of any vessel or vehicle
conveying persons or property to or from such State or section or
belonging in whole or in part to a resident thereof, may be prosecuted
in any district into which the property is taken and in which the
proceeding is instituted.
(June 25, 1948, ch. 646, 62 Stat. 936.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 104, 106, 107, and 108,
and section 3745(c) of title 26, U.S.C., 1940 ed., Internal Revenue Code
(Mar. 3, 1911, ch. 231, Secs. 43, 45, 46, 47, 36 Stat. 1100; Feb. 10,
1939, ch. 2, Sec. 3745(c), 53 Stat. 460).
This section consolidates section 3745(c) of title 26, U.S.C., 1940
ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed.,
relating to venue in civil proceedings to recover and enforce civil
fines, penalties, and forfeitures, pecuniary or otherwise. Subsection
(a) is based on said section 104 of title 28 and said section 3745(c) of
title 26. Subsections (b) and (c) consolidate such sections 106 and 107
of title 28. Subsection (e) is based on such section 108 of title 28.
Subsection (b) substituted words ``may be prosecuted in any district
where such property is found'' for ``shall be prosecuted in the district
where the seizure is made,'' to include not only property seized, but
also all other property subject to forfeiture.
Words ``civil'' and ``fine'' were inserted to make this section
applicable to the many provisions of the United States Code for fines
essentially civil. (See reviser's note under section 1355 of this
title.)
Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that
such suit may be brought ``before any other court of competent
jurisdiction'' were omitted as misleading surplusage, since United
States district courts, under section 1355 of this title, have exclusive
jurisdiction.
Subsection (d) was added for completeness and clarity.
Changes were made in phraseology.
Senate Revision Amendment
While section 3745(c) of Title 26, U.S.C., Internal Revenue Code, is
one of the sources of this section, it was eliminated from the schedule
of repeals by Senate amendment. Therefore, such section 3745(c) remains
in Title 26. See 80th Congress Senate Report No. 1559.
Section Referred to in Other Sections
This section is referred to in section 1355 of this title; title 18
sections 981, 2254; title 21 section 881; title 26 section 7410.
