§ 2465. — Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2465]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 163--FINES, PENALTIES AND FORFEITURES
Sec. 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 forfeit property seized or arrested under any provision 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
claimant 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
claimant substantially prevails, the United States shall be liable for--
(A) reasonable attorney fees and other litigation costs
reasonably incurred by the claimant;
(B) post-judgment interest, as set forth in section 1961 of this
title; and
(C) in cases involving currency, other negotiable instruments,
or the proceeds of an interlocutory sale--
(i) interest actually paid to the United States from the
date of seizure or arrest of the property that resulted from the
investment 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 during
which no interest was paid (not including any period when the
property reasonably was in use as evidence in an official
proceeding or in conducting scientific tests for the purpose of
collecting evidence), commencing 15 days after the property was
seized by a Federal law enforcement agency, or was turned over
to a Federal law enforcement agency by a State or local law
enforcement 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
property 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 for costs and attorneys fees associated with
any such claim if the United States--
(i) promptly recognizes such claim;
(ii) promptly returns the interest of the claimant in the
property to the claimant, if the property can be divided without
difficulty and there are no competing claims to that portion of the
property;
(iii) does not cause the claimant to incur additional,
reasonable costs or fees; and
(iv) prevails in obtaining forfeiture with respect to one or
more of the other claims.
(D) If the court enters judgment in part for the claimant and in
part for the Government, the court shall reduce the award of costs and
attorney fees accordingly.
(June 25, 1948, ch. 646, 62 Stat. 975; Pub. L. 106-185, Sec. 4(a), Apr.
25, 2000, 114 Stat. 211.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 818, 827 (R.S. Secs. 970,
979).
Section consolidates sections 818 and 827 of title 28, U.S.C., 1940
ed., with changes of phraseology necessary to effect the consolidation.
The words ``in any proceeding to condemn or forfeit property'' were
inserted in conformity with the uniform course of judicial decisions.
See Hammel v. Little, App.D.C. 1936, 87 F.2d 907, and cases there cited.
The qualifying language of section 827 of title 28, U.S.C., 1940
ed., requiring the claimant to pay his own costs before the return of
his property was omitted as unnecessary and involving a matter more
properly for regulation by rule of court. (See sections 1913, 1914, and
1925 of this title.)
(See also section 2006 of this title with respect to actions against
internal revenue officers and their liability for acts in the
performance of official duties.)
Amendments
2000--Pub. L. 106-185 amended section catchline and text generally.
Prior to amendment, text read as follows: ``Upon the entry of judgment
for the claimant in any proceeding to condemn or forfeit property seized
under any Act of Congress, such property shall be returned forthwith to
the claimant or his agent; but if it appears that there was reasonable
cause for the seizure, the court shall cause a proper certificate
thereof to be entered and the claimant shall not, in such case, be
entitled to costs, nor shall the person who made the seizure, nor the
prosecutor, be liable to suit or judgment on account of such suit or
prosecution.''
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr. 25, 2000, see
section 21 of Pub. L. 106-185, set out as a note under section 1324 of
Title 8, Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in title 18 section 983; title 26
section 7328.
