18 U.S.C. § 1345

Injunctions against fraud

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(a)(1) If a person is—(A) violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title;(B) committing or about to commit a banking law violation (as defined in section 3322(d) of this title); or(C) committing or about to commit a Federal health care offense;the Attorney General may commence a civil action in any Federal court to enjoin such violation.(2) If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or a Federal health care offense or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court—(A) to enjoin such alienation or disposition of property; or(B) for a restraining order to—(i) prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and(ii) appoint a temporary receiver to administer such restraining order.(3) A permanent or temporary injunction or restraining order shall be granted without bond.(b) The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.(Added Pub. L. 98–473, title II, § 1205(a), Oct. 12, 1984, 98 Stat. 2152; amended Pub. L. 100–690, title VII, § 7077, Nov. 18, 1988, 102 Stat. 4406; Pub. L. 101–647, title XXV, § 2521(b)(2), title XXXV, § 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104–191, title II, § 247, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 107–273, div. B, title IV, § 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.)Editorial NotesReferences in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Amendments

2002—Subsec. (a)(1)(B). Pub. L. 107–273, § 4002(b)(14)(A), substituted “; or” for “, or” at end.

Subsec. (a)(1)(C). Pub. L. 107–273, § 4002(b)(14)(B), substituted semicolon for period at end.

1996—Subsec. (a)(1)(C). Pub. L. 104–191, § 247(a), added subpar. (C).

Subsec. (a)(2). Pub. L. 104–191, § 247(b), inserted “or a Federal health care offense” after “title)”.

1994—Pub. L. 103–322, § 330011(k), repealed Pub. L. 101–647, § 3542. See 1990 Amendment note below.

1990—Pub. L. 101–647, § 2521(b)(2), added subsec. (a), inserted subsec. (b) designation, and struck out former first sentence which read as follows: “Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a violation of this chapter, or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such violation.”

Pub. L. 101–647, § 3542, which directed insertion of a comma after “of this title”, was repealed by Pub. L. 103–322, § 330011(k).

1988—Pub. L. 100–690 inserted “or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title” after “violation of this chapter,”.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective Nov. 29, 1990.

Notes of Decisions

Cited in 120 cases (28 in the last 5 years), 1986–2025 · leading case: United States v. Barnes, 912 F. Supp. 1187 (N.D. Iowa 1996).

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United States v. Barnes, 912 F. Supp. 1187 (N.D. Iowa 1996). · cites it 26× “1198 ORDER ADOPTING CONSENT PRELIMINARY INJUNCTION Following this court’s issuance of a temporary restraining order ex parte, the court held a hearing on plaintiffs request for a preliminary injunction pursuant to' 18 U.S.C. § 1345 to enjoin activities of defendants who were…”

United States v. Gold Star Med. Servs., 180 F.3d 1277 (11th Cir. 1999). · cites it 8× “) The amended complaint seeks damages and civil penalties under the False Claims Act and injunctive relief under 18 U.S.C. § 1345 to prevent further dissipation of assets.”

Medicare & Medicaid Guide P 41,325 United States of Am. v. Clyde D. Brown Sharon Brown & Clyde D. Brown, M.D. & Assocs., Inc., 988 F.2d 658 (6th Cir. 1993). · cites it 16× “On June 1, 1992, the United States sought a temporary restraining order without notice to the Browns pursuant to 18 U.S.C. § 1345 and the court’s general equitable powers.”

United States v. William Savran & Assocs., Inc., 755 F. Supp. 1165 (E.D.N.Y 1991). · cites it 18× “§§ 981 , 1956 and 1957, and also 18 U.S.C. § 1345 and 28 U.S.C. § 1355 . A warrant for the arrest of the said bank account was issued on December 17, 1990 listing, as potential claimants: Dr.”

United States v. N.Y.C. Hous. Auth., 347 F. Supp. 3d 182 (S.D. Ill. 2018). · cites it 8× “¶¶ 272-276 (citing 18 U.S.C. § 1345 ).) Finally, the Government brings a claim under the Toxic Substances Control Act of 1976 to restrain NYCHA's failure to comply with federal lead-based paint regulations.”

United States v. Weingold, 844 F. Supp. 1560 (D.N.J. 1994). · cites it 22× “§ 3007 , 18 U.S.C. § 1345 and Fed. R.Civ.P. 65. The Court has received papers submitted in support of the application by Robert M.”

Est. of Jamis J. Lott v. Robin O'Neill, 2017 VT 11 (Vt. 2017). · cites it 7× “Pursuant to 18 U.S.C. § 1345 , the government sought an order prohibiting Luis from dissipating her remaining assets, including $2 million in her possession, so that these assets could be used to pay criminal penalties and restitution after conviction.”

United States v. Hopkins, 920 F.3d 690 (10th Cir. 2019). · cites it 2× “At the government's request, and pursuant to 18 U.S.C. § 1345 (a)(2), the district court prohibited Ms.”

United States v. Sriram, 147 F. Supp. 2d 914 (N.D. Ill. 2001). · cites it 6× “In addition, the complaint asserted a claim for injunctive relief under 18 U.S.C. § 1345 , asking that the Court enjoin the alleged fraudulent activity by Dr.”

United States v. Fang, 937 F. Supp. 1186 (D. Maryland 1996). · cites it 7× “INTRODUCTION On July 29, 1996, pursuant to 18 U.S.C. § 1345 (a), the United States filed a Verified Complaint for Injunctive Relief and Motion for Temporary and Preliminary Injunctive Relief against Defendants Mary H.”

United States v. Ritchie Special Credit Investments, Ltd., 620 F.3d 824 (8th Cir. 2010). · cites it 2× “(collectively, “Ritchie”) twice sought to intervene into an adversary proceeding initiated by the government pursuant to 18 U.S.C. § 1345 against Minnesota businessman Thomas J.”

United States v. Arthur G. Cohen, & Steven M. Terk Marvin B. Tepper Lawrence M. Goodman Ilyne R. Mendelson, 152 F.3d 321 (4th Cir. 1998). · cites it 6× “§ 1651 (a); and (5) 18 U.S.C. § 1345 (a)(2)(B). 4 The district court did not claim any one of the five sources for its authority.”

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