Courts must liberally construe pleadings and briefs submitted by pro se litigants to raise the strongest possible arguments suggested by the filing.
A pro se plaintiff, arrested for drug importation in 1992, sought the return of personal effects seized by customs officials. The district court dismissed the action as time-barred under the Federal Tort Claims Act. The Second Circuit construed the complaint as a motion for return of property under Federal Rule of Criminal Procedure 41(g). The court held that the six-year statute of limitations in 28 U.S.C. § 2401(a) applies to Rule 41(g) motions filed after the termination of criminal proceedings. The cause of action accrues at the end of the criminal proceeding during which the claimant could have sought return. Because the plaintiff filed his motion more than ten years after sentencing, the claim was time-barred, and the district court’s judgment was affirmed.
At page 491 Review of pro se litigant's claims and procedural history246 citing casesobserving that courts must liberally construe pleadings and briefs submitted by pro se litigants in a way that raises the strongest arguments they suggest
- Brown v. Suffolk Cnty. Police Dep't 7th Precient, No. 2:25-cv-00094 (E.D.N.Y. Feb. 6, 2025).(We liberally construe pleadings and briefs submitted by pro se litigants . . . ‘to raise the strongest arguments they suggest’)
- Smith v. Famiano, No. 1:17-cv-06535 (E.D.N.Y. Mar. 30, 2023). ([The Second Circuit] liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.)
- Abadi v. City of New York, No. 1:21-cv-08071, 2022 WL 347632 (S.D.N.Y. Feb. 4, 2022).(We liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions ‘to raise the strongest arguments they suggest[.]’)
- Aljoe, No. 1:26-cv-05009 (E.D.N.Y. Sept. 24, 2026).The Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting B…
- Owusu-Boateng, No. 3:22-cv-00812 (D. Conn. Sept. 11, 2026).Courts “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (internal citation and quotat…
- Elia, No. 1:24-cv-03947 (S.D.N.Y. Sept. 7, 2026).Because Plaintiff appears pro se, the Court must “liberally construe” his pleadings and briefs, “reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017…
- Chambers, No. 1:26-cv-04011 (E.D.N.Y. Aug. 28, 2026).However, even construing Plaintiff’s allegations to “raise the strongest arguments they suggest,” McLoed v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)), t…
- Bright, No. 1:25-cv-03209 (E.D.N.Y. Aug. 21, 2026).The Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting B…
- Singh, No. 1:25-cv-03898 (E.D.N.Y. Aug. 20, 2026).Sept. 30, 2021) (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) & Tracy v. Freshwater, 623 F.3d 90, 102 (2d Cir. 2010)).
- Lawtone-Bowles, No. 1:25-cv-05762 (S.D.N.Y. July 31, 2026).In pro se cases, the court must “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Ci…
Show 189 more citing cases
- Ororokuma, No. 1:25-cv-01788 (E.D.N.Y. July 29, 2026).The Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting B…
- Pauyo, No. 1:25-cv-01041 (E.D.N.Y. July 28, 2026).Courts interpret a pro se plaintiff’s claims as “rais[ing] the strongest arguments they suggest.” Id. (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)).
- Zennamo v. Cnty. of Oneida, No. 25-732 (2d Cir. July 16, 2026).unpublishedServs., Inc., 557 U.S. 167 (2009) (“A district court has broad 2 We note that, although we “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest,” Ber…
- Anderson, No. 3:26-cv-00356 (D. Conn. June 29, 2026). McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (citing Bertin v. U.S, 478 F.3d 489, 491 (2d Cir. 2007)). 2 Plaintiff also filed a Motion for Leave to Proceed In Forma Pauperis, see ECF No. 13, which the court grante…
- Loefelm, No. 3:24-cv-01645 (D. Conn. June 29, 2026).Courts “liberally construe pleadings . . . submitted by pro se litigants” by “reading [them] to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (citing Bertin v. U.S, 478…
- Laboni, No. 1:25-cv-00901 (S.D.N.Y. June 18, 2026).In pro se cases, the court must “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Ci…
- Cloud, No. 1:26-cv-01392 (S.D.N.Y. June 11, 2026).We liberally construe pleadings and briefs submitted by pro se litigants, see Cruz v. Gomez, 202 F.3d 593, 597 (2d Cir.2000), reading such submissions “to raise the strongest arguments they suggest,” Bertin v. United States, 478 F.3d 489,…
- Scott E. v. Comm'r of the Soc. Sec. Admin., No. 2:24-cv-01062 (E.D.N.Y. June 9, 2026).(See Order Reassigning Case dated Apr. 21, 2026.) In accordance with Judge Choudhury’s order, the Court lists Plaintiff only by his first name and last initial. 2 The Court “liberally construe[s] pleadings and briefs submitted by pro se li…
- Downing, No. 1:24-cv-04739 (E.D.N.Y. June 2, 2026).The Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting B…
- Leroy Carrillo, Jr. v. Philip Montoya, No. 25-014 (B.A.P. 10th Cir. May 7, 2026).published(reading pro se filings “to raise the strongest arguments they suggest)
- Stephen Carl Silverberg, No. 8-25-73436 (Bankr. E.D.N.Y. Apr. 13, 2026).On September 23, 2025, the Debtor filed a motion to extend the 5 The Court notes that, although we “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they sugge…
- Bianca Stone v. Bedford Stuyvesant Fam. Health Ctr., No. 1:26-cv-00349 (E.D.N.Y. Feb. 19, 2026).Construing Plaintiff’s allegations to “raise the strongest arguments they suggest,” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)), the complaint d…
- Delaney v. HC2, Inc., No. 25-73 (2d Cir. Feb. 10, 2026).unpublishedThe New York Court of Appeals has stated that “the purpose of Judiciary Law § 487(1) is to safeguard an attorney’s special obligation of honesty and fair dealing in the 2 We note that, although we “liberally construe pleadings and briefs s…
- Shaffer, No. 3:25-cv-01587 (N.D.N.Y. Jan. 23, 2026).Construing Plaintiff’s allegations to “raise the strongest arguments they suggest,” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)), the complaint d…
- Kaseen, No. 2:23-cv-00416 (D. Vt. Jan. 9, 2026).Even after Iqbal and Twombly, the court must construe a pro se complaint “liberally,” Harris, 572 F.3d at 72, reading it “to raise the strongest arguments . . . suggest[ed],” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (inter…
- Young, No. 3:24-cv-00117 (D. Conn. Jan. 6, 2026).Finally, the Court must “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. U.S., 478 F.3d 489, 491 (2d Cir. 2007) (internal citations a…
- Abasov, No. 1:25-cv-01793 (E.D.N.Y. Dec. 22, 2025).Furthermore, “[i]t is well established that the submissions of a pro se litigant must be construed liberally,” Triestman v. Fed. Bureau of Prisons, 3 Although Defendants’ motion does not set forth the subsection of Rule 12(b) pursuant to w…
- Spencer v. Lab'y Corp. of Am. Holdings, No. 24-2363 (2d Cir. Sept. 30, 2025).unpublishedThis Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (internal quotation ma…
- Richards v. City of New York, No. 1:24-cv-07074 (E.D.N.Y. Sept. 18, 2025).McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (citing Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)).
- Raysor v. Police Officer Troy Ann Safi, No. 1:19-cv-06265 (E.D.N.Y. Sept. 4, 2025).May 9, 2024) (citing Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)) (“Nonetheless, a pro se party is required to follow the requisites of [Local Civil] Rule 56.1.”), adopted by 2024 WL 3823492 (E.D.N.Y.
- LaForge v. Bureau of Prison, No. 3:25-cv-00337 (D. Conn. Aug. 18, 2025).Courts “liberally construe pleadings . . . submitted by pro se litigants” by “reading [them] to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (citing Bertin v. U.S, 478…
- Jiao v. Shang Shang Qian Inc, No. 1:18-cv-05624 (E.D.N.Y. Aug. 15, 2025).In light of the Court’s obligation to “liberally construe” pro se papers “to raise the strongest arguments they suggest,” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007), and the fact that Mr. Fan only seeks relief pursuant to Ru…
- Reveron v. Spreadshirt, Inc., No. 1:24-cv-04093 (S.D.N.Y. Aug. 5, 2025).Accordingly, | will “liberally construe [the complaint] ..., reading such submission[ ] to raise the strongest arguments [it] suggest[s].” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007).
- Lensendro v. Keybank, N.A., No. 24-2609 (2d Cir. July 1, 2025).unpublishedMcEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004). 1 “We liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3…
- Callender v. New York State Dep't of Motor Vehs., No. 1:23-cv-09314 (S.D.N.Y. June 27, 2025).The Court considers all three pleadings in light of its obligation to liberally construe the “pleadings and briefs submitted by pro se litigants,” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007), and its adherence to the Second C…
- Mavins v. Sanchez, No. 2:24-cv-08124 (E.D.N.Y. June 6, 2025).“Where, as here, the complaint was filed pro se, it must be construed liberally with ‘special solicitude’ and interpreted to raise the strongest claims that it suggests.” Hogan v. Fischer, 738 F.3d 509, 515 (2d Cir. 2013) (quoting Hill v.…
- Amadi v. United States, No. 1:24-cv-03508 (E.D.N.Y. June 5, 2025).Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007).
- Brookins v. Figuccio, No. 24-359 (2d Cir. June 2, 2025).unpublishedAbandonment We “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (per cur…
- Levinson v. United States, No. 1:23-cv-05598 (E.D.N.Y. May 30, 2025).Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007)).
- Levinson v. United States, No. 1:23-cv-04853 (E.D.N.Y. May 30, 2025).The Court “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017) (quoting B…
- Brown v. Head Kitchen dietician, No. 2:24-cv-08424 (E.D.N.Y. May 12, 2025).(We liberally construe pleadings and briefs submitted by pro se litigants . . . ‘to raise the strongest arguments they suggest’” (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)))
- Carroll v. United States, No. 23-7479-cv (2d Cir. Apr. 25, 2025).unpublished“We liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (internal citations and quotation…
- Bey v. Roc, No. 1:19-cv-01877 (E.D.N.Y. Mar. 20, 2025).The Second Circuit “liberally construe[s] pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (citations omi…
- Owusu-Boateng v. US Citizenship & Immigr. Servs., No. 3:22-cv-00812 (D. Conn. Mar. 17, 2025).Courts “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (internal citation and quotat…
- Doe v. Deposit Guarantee Fund, No. 23-1158 (2d Cir. Mar. 5, 2025).unpublished“We may, of course, affirm on any basis for which there is a record sufficient to permit conclusions of law, including grounds upon which the district court did not rely.” Bertin v. United States, 478 F.3d 489, 491 (2d Cir. 2007) (internal…
- Williams v. Dudley, No. 1:23-cv-11018 (S.D.N.Y. Feb. 27, 2025).I said that I would “liberally construe [the complaint] . . . , reading such submission[ ] to raise the strongest 3 Unless otherwise indicated, this report and recommendation omits internal quotation marks and citations from quotations. ar…
- Williams v. Dudley, No. 1:23-cv-11018 (S.D.N.Y. Jan. 17, 2025).Accordingly, | will “liberally construe [the complaint]... , reading such submission ] to raise the strongest arguments [it] suggest[s].” Bertin v. United States, 478 F.3d 489, 491 (2d Cir.2007).
- Pandya v. Sec. & Exch. Comm'n, No. 1:23-cv-11180 (S.D.N.Y. Jan. 10, 2025).Courts in this Circuit “liberally construe pleadings and briefs submitted by pro se litigants, reading such submissions to raise the strongest arguments they suggest.” McLeod v. Jewish Guild for the Blind, 864 F.3d 154, 156 (2d Cir. 2017)…
- McLeod v. Jewish Guild for the Blind, 864 F.3d 154 (2d Cir. 2017).published
- Yan Ping Xu v. City of New York, 700 F. App'x 62 (2d Cir. 2017).unpublished
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- O'Neal v. Spota, No. 17-3334-pr (2d Cir. Dec. 6, 2018).unpublished
- Kruglov v. Copart of Connecticut, Inc., 771 F. App'x 117 (2d Cir. 2019).unpublished
- State of New York v. Mountain Tobacco Co., 942 F.3d 536 (2d Cir. 2019).published
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- Bal v. Manhattan Democratic Party, No. 19-1546-cv (2d Cir. June 10, 2020).unpublished
- Antoine v. SUNY Downstate Med. Ctr., No. 21-443-cv (2d Cir. Dec. 22, 2021).unpublished
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- Singleton v. Doe, 210 F. Supp. 3d 359 (E.D.N.Y. 2016).published
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At page 493 Treating rule 41(g) motions as civil complaints11 citing cases“(if a rule 41(g) motion is 'made after the termination of criminal proceedings against the defendant,' we treat it 'as a civil complaint for equitable relief.”
- Petix, No. 6:25-cv-06205 (W.D.N.Y. Sept. 28, 2026). The Court agrees. “(I|f a Rule 41(g) motion is ‘made after the termination of criminal proceedings against the defendant,’ we treat it ‘as a civil complaint for equitable relief.” Bertin v. United States, 478 F.3d 489, 493 (2d Cir. 2007) (…
- Frith v. United States, 268 F.R.D. 177 (S.D.N.Y. 2010).published
- Santiago-Lugo v. United States, 538 F.3d 23 (1st Cir. 2008).published
- Katouzi v. United States Dep't of Homeland Sec., 537 F. App'x 320 (5th Cir. 2013).unpublished
- Adeyi v. United States, 489 F. Supp. 2d 187 (E.D.N.Y. 2007).published
- Williams v. United States, No. 2013-0325 (D.D.C. June 6, 2013).published
- United States v. Felipe Mendez, Jr., 860 F.3d 1147 (8th Cir. 2017).published
- Young v. United States, No. 4:22-cv-01273 (E.D. Mo. Sept. 20, 2023).
- Kee v. United States, No. 1:20-cv-01840 (S.D.N.Y. May 4, 2020).
- Brennerman v. United States, No. 1:23-cv-01624 (S.D.N.Y. Feb. 27, 2023).
Show 1 more citing case
- Antonio v. United States, No. 1:23-cv-00079 (S.D.N.Y. Mar. 6, 2023).
At page 492 Classifying property claims under ftca and rule 41(g)13 citing cases“arising in respect of ... the detention of any goods, merchandise, or other property by any officer of customs or excise or any other law enforcement officer.”
- Ford-Bey v. United States, No. 2019-2039 (D.D.C. Jan. 2, 2020).published (Because we do not read Bertin’s complaint to allege that the government took his property in satisfaction of a fine or penalty, and because it was not forfeited, we construe it as asserting claims pursuant to the FTCA…)
- United States v. Charles Brooks, 448 F. App'x 187 (3d Cir. 2011).unpublished
- Diaz v. United States, 517 F.3d 608 (2d Cir. 2008).published
- United States v. Gregory Jones, 629 F. App'x 192 (3d Cir. 2015).unpublished
- Gabryluk v. U.S. Army Chief, 347 F. App'x 696 (2d Cir. 2009).unpublished
- Frith v. United States, 268 F.R.D. 177 (S.D.N.Y. 2010).published
- Manneh v. F.B.I., No. 1:19-cv-07177 (E.D.N.Y. Jan. 13, 2020).
- Aigbekaen v. Nielson, No. 1:18-cv-06529 (E.D.N.Y. Mar. 29, 2021).
- Mike v. DEA Officer, No. 1:19-cv-05407 (E.D.N.Y. Mar. 31, 2022).
- Corley v. United States, No. 1:18-cv-05050 (S.D.N.Y. Aug. 11, 2020).
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- Taylor v. 187th Dist. Court, No. 5:22-cv-01241 (W.D. Tex. Dec. 13, 2022).
v.
UNITED STATES of America, Defendant-Appellee
Ibinga Bertin, pro se, seeks return of personal effects that were seized when he was arrested. The district court dismissed Bertin’s action because he failed to bring an administrative claim within the statute of limitations. We agree that Bertin’s complaint is time-barred, though on different grounds than those relied upon by the district court.
Bertin was arrested on July 27, 1992; following detention by federal customs officials at JFK Airport in Queens, New York, he passed balloons filled with heroin. Ber-tin pled guilty to one count of importing heroin in violation of 21 U.S.C. § 952(a) and, on December 4, 1992, was sentenced to 37 months imprisonment. At the time of his arrest, customs officials seized $1,000 in cash as well as luggage containing Bertin’s personal effects. The cash was returned to Bertin in December 1993, but he says he never received his luggage.
Prior to this action, Bertin pro se filed three other actions stemming from his arrest and detention. In February 1993, Bertin filed a complaint in the U.S. District Court for the Eastern District of New York pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680, which demanded the return of the $1,000 and his personal effects. The district court dismissed Bertin’s suit in December 1996; Bertin had acknowledged having received the money, and the court dismissed without prejudice Bertin’s claim regarding his personal effects after Bertin agreed to file an administrative claim with the U.S. Customs Service.
Bertin waited more than three years, filed one administrative claim on August 12, 1999, and filed another claim on February 7, 2000. On November 22, 2000, the government denied Bertin’s claims. Approximately two months later, in January 2001, Bertin filed suit in the U.S. District Court for the Western District of Louisiana pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), challenging conditions of confinement in the Concordia Parish Correctional Facility. That suit was dismissed in May 2001 for failure to prosecute.
In January 2003, Bertin filed the present action in the U.S. District Court for the Eastern District of New York. Under the heading “Relief,” Bertin requested that the court order the government to return his property or award him “just compensation”; Bertin.also asked for punitive damages. In July 2005, the district court granted the government’s summary judgment motion. Construing Bertin’s action as one brought pursuant to 28 U.S.C. § 1355, the court dismissed it because he failed to exhaust his administrative remedies by filing no administrative claim within the two-year statute of limitations set forth in 28 U.S.C. § 2401(b). This appeal followed.
Although we agree with the district court that Bertin’s complaint is time-barred, our analysis is somewhat different. “We may, of course, affirm on any basis for which there is a record sufficient to permit conclusions of law, including grounds upon which the district court did not rely.” Cromwell Assocs. v. Oliver Cromwell Owners, Inc., 941 F.2d 107, 111 (2d Cir.1991).
We liberally construe pleadings and briefs submitted by pro se litigants, see Cruz v. Gomez, 202 F.3d 593, 597 (2d Cir.2000), reading such submissions “to raise the strongest arguments they suggest,” Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir.1994); see also Green v. United States, 260 F.3d 78, 83 (2d Cir.2001). The district court construed Bertin’s complaint to assert a claim pursuant to 28 U.S.C. § 1355, which provides for “the recovery[*492] or enforcement of any fine, penalty, or forfeiture”; this statute “was designed to provide jurisdiction with respect to claims involving clear-cut fines and penalties,” South Windsor Convalescent Home, Inc. v. Mathews, 541 F.2d 910, 912 n. 1 (2d Cir.1976). Because we do not read Bertin’s complaint to allege that the government took his property in satisfaction of a fine or penalty, and because it was not forfeited, we construe it as asserting claims pursuant to the FTCA and Rule 41(g) of the Federal Rules of Criminal Procedure.
The FTCA waives sovereign immunity, inter alia, for “claims against the United States, for money damages ... for ... loss of property ... caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.” 28 U.S.C. § 1346(b). But the FTCA expressly excepts from its limited waiver of sovereign immunity, “[a]ny claim arising in respect of ... the detention of any goods, merchandise, or other property by any officer of customs ... or any other law enforcement officer.” 28 U.S.C. § 2680(c); see also Adeleke v. United States, 355 F.3d 144, 153-54 (2d Cir.2004). This includes “a claim resulting from negligent handling or storage of detained property.” Kosak v. United States, 465 U.S. 848, 854, 104 S.Ct. 1519, 79 L.Ed.2d 860 (1984). Thus, insofar as Bertin’s claim can be classified as a claim under the FTCA, it is barred by sovereign immunity.
But Bertin’s complaint also requests relief in the form of the return of his property, a claim that can be read as a motion to return property pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure. [1] Under Rule 41(g), “[a] person aggrieved ... by the deprivation of property may move for the property’s return.” The Rule recognizes “[a] person aggrieved ... by the deprivation of property may move for the property’s return.” The Rule recognizes that the federal courts have equitable jurisdiction to order the return of property. However, “Rule 41(g), which simply provides for the return of seized property, does not waive the sovereign immunity of the United States with respect to actions for money damages relating to such property.” Adeleke, 355 F.3d at 151. Thus, under Rule 41(g), the court can order the return of property that is in the hands of the government. [2]
Bertin was arrested and convicted in 1992; so a conspicuous question is whether Bertin’s Rule 41(g) motion is time-barred. Because “[n]o statute of limitations governs motions for return of property under Rule 41(g),” United States v. Sims, 376 F.3d 705, 708 (7th Cir.2004), the six-year catch-all statute of limitations for civil actions against the federal government is applied to certain Rule 41(g) motions, see 28 U.S.C. § 2401(a) (“[E]very civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of [*493] action first accrues.”). For example, if a Rule 41(g) motion is “made after the termination of criminal proceedings against the defendant,” we treat it “as a civil complaint for equitable relief,” Rufu v. United States, 20 F.3d 63, 65 (2d Cir.1994) (per curiam), for which § 2401(a) provides the statute of limitations.
This holding accords with our reasoning in Polanco v. U.S. Drug Enforcement Administration, which held that the statute of limitations in § 2401(a) applied to an action in equity that sought the return of property alleged to have been taken wrongfully by the government. 158 F.3d 647, 652 (2d Cir.1998). Though Polanco did not concern Rule 41(g) — it located the waiver of sovereign immunity in the Administrative Procedure Act (“APA”), 5 U.S.C. § 702 — it has been widely read as establishing § 2401(a) as the applicable statute of limitations for Rule 41(g) claims. See, e.g., United States v. Rodriguez-Aguirre, 264 F.3d 1195, 1210 (10th Cir.2001); United States v. Duke, 229 F.3d 627, 629 (7th Cir.2000), superseded on other grounds by 18 U.S.C. § 983(e)(3); Garba v. United States, No. 06 Civ. 381, 2006 WL 3197182, at *1 (E.D.N.Y. Nov. 3, 2006); Perez v. United States, No. Cr. 89-0408, 2006 WL 1582187, at *1-2 (E.D.N.Y. Mar.21, 2006); United States v. Morales, No. 02 Civ. 10326, 2003 WL 21692752, at *3 (S.D.N.Y. July 21, 2003). We agree with this reading of Polanco and join every other circuit court that has considered the issue: 28 U.S.C. § 2401(a) provides the applicable statute of limitations for Rule 41(g) motions made after the termination of criminal or civil forfeiture proceedings. See United States v. Machado, 465 F.3d 1301, 1307 (11th Cir.2006) (“Because Rule 41(g) actions filed after the close of the criminal proceedings are treated as civil actions, they are subject to the six-year statute of limitation in § 2401(a).”); Sims, 376 F.3d at 708-09 (“[T]he six-year statute of limitations in 28 U.S.C. § 2401(a) is appropriate ... and so we shall borrow it for Rule 41(g) motions.”); United States v. Wright, 361 F.3d 288, 290 (5th Cir.2004) (“The district court correctly determined that the six-year statute of limitations in 28 U.S.C. § 2401(a) applies [to Rule 41(g) motions].”); Rodriguez-Aguirre, 264 F.3d at 1210 (“[W]e now join the Second, Fourth, and Seventh Circuits in holding that the bringing of Rule 41 [g] motions is governed by the general statute of limitations set forth at 28 U.S.C. § 2401(a).”).
When property is seized and not returned or forfeited, “the claimant knows that he has a present right to its return, and shouldn’t be permitted to postpone his request for its return indefinitely.” Sims, 376 F.3d at 708. Therefore, a Rule 41(g) motion accrues when the party seeking return of his property “discovered or had reason to discover that his property” was improperly seized. Polanco, 158 F.3d at 654. We held in Polanco (in which no related criminal proceeding materialized post-seizure) that the cause of action accrues: (i) at the conclusion of a civil forfeiture proceeding, or (ii) if no civil forfeiture proceeding was conducted, at the end of the five-year limitations period during which the government is permitted to bring a civil forfeiture action. Id. Guided by these principles, we hold that where (as here) there has been a related criminal proceeding but no civil forfeiture proceeding, the cause of action accrues at the end of the criminal proceeding during which the claimant could have sought the return of his property by motion, but neither sought such return nor received his property. Accord Sims, 376 F.3d at 709; Rodriguez-Aguirre, 264 F.3d at 1212. In contrast, where there has been no related criminal proceeding — as in Polanco — the claimant cannot be expected to know the government’s intentions, and will naturally be hesitant to press the question by focus[*494] ing on himself the attentions of the prosecutor. Polanco, 158 F.3d at 649.
Bertin was sentenced (and judgment entered) on December 4, 1992; therefore his Rule 41(g) motion accrued on the same day. He filed his Rule 41(g) motion on January 21, 2003, more than ten years after it accrued, well beyond the six-year statute-of-limitations period in 28 U.S.C. § 2401(a). For reasons set out in the margin, even the most generous tolling arguably available on the facts of this case cannot preserve Bertin’s claim. [3] It is therefore time-barred.
The judgment is affirmed.
. In 2002, Rule 41(e) was redesignated Rule 41(g), and amended for style only. Adeleke, 355 F.3d at 147 n. 1; accord United States v. Kaczynski, 416 F.3d 971, 973 n. 3 (9th Cir.2005).
. Since Bertin already received the cash seized upon his arrest, we need not consider whether a court, under Rule 41(g), can order the return of fungible cash. Compare Perez-Colon v. Camacho, No. 06-1560, 2006 WL 3361778, at *3 (1st Cir. Nov.21, 2006) (not precedential) (holding that " 'the fact that the government obviously cannot restore to [appellant] the specific currency that was seized’ " does not bar a Rule 41(g) motion (quoting United States v. Minor, 228 F.3d 352, 355 (4th Cir.2000))), with Okoro v. Callaghan, 324 F.3d 488, 491 (7th Cir.2003) (observing that sovereign immunity bars a Rule 41(g) motion for the return of seized cash that has been deposited into a government account, because the return of those funds would require disbursement from the treasury).
. "Equitable tolling applies only in the rare and exceptional circumstance.” Smith v. McGinnis, 208 F.3d 13, 17 (2d Cir.2000) (per curiam) (internal quotations and alterations omitted). We have previously held that equitable tolling may be available for actions against the federal government, Long v. Frank, 22 F.3d 54, 58 (2d Cir.1994) (citing Irwin v. Dep't of Veterans Affairs, 498 U.S. 89, 95-96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990)), and may toll the catch-all statute of limitations, 28 U.S.C. § 2401(a), Polanco, 158 F.3d at 655. Assuming, arguendo, that the limitations period was tolled during the pen-dency of Bertin's first FTCA action (February 1993 through December 1996), a review of the record indicates that Bertin did not act with reasonable diligence thereafter. "Generally, to merit equitable relief, a plaintiff must have acted with reasonable diligence during the time period she seeks to have tolled.” Chapman v. ChoiceCare Long Island Term Disability Plan, 288 F.3d 506, 512 (2d Cir.2002). Bertin waited three years to file an administrative complaint; after that complaint was denied, he filed the Bivens action (an action that arguably cannot be construed as a Rule 41(g) motion), which was dismissed for failure to prosecute. "We have generally been much less forgiving in receiving late filings where the claimant failed to exercise due diligence in preserving his legal rights.” Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990); see also Alli-Balogun v. United States, 281 F.3d 362, 369 (2d Cir.2002). Thus, even tolling the limitations period for the duration of Bertin's 1993 FTCA action, he had to file his Rule 41(g) motion no later than November 2002; he filed it in January 2003, so his Rule 41(g) action is time-barred.