28 U.S.C. § 1395

Fine, penalty or forfeiture

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(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., §§ 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, §§ 43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939, ch. 2, § 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.

Notes of Decisions

Cited in 75 cases (16 in the last 5 years), 1950–2026 · leading case: United States v. Beechcraft Queen Airplane Serial No. Ld-24, 789 F.2d 627 (8th Cir. 1986).

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United States v. Beechcraft Queen Airplane Serial No. Ld-24, 789 F.2d 627 (8th Cir. 1986). · cites it 3× “It also alleged that venue was predicated on 28 U.S.C. § 1395 . A. Appellant argues at considerable length that the government must, pursuant to Rule C(2), allege the presence of the res in the district at the time of filing or during the pendency of the action.”

United States v. $633,021.67 in United States Currency, 842 F. Supp. 528 (N.D. Ga. 1993). · cites it 7× “§§ 981 (a)(1) and 1341, and 28 U.S.C. § 1395 (c).” Complaint, ¶ 1. Plaintiffs Complaint also suggests that jurisdiction may exist pursuant to 18 U.”

United States v. One 1974 Cessna Model 310r Aircraft, Etc., 432 F. Supp. 364 (D.S.C. 1977). · cites it 4× “§ 1355 and 28 U.S.C. § 1395 . Section 1355 reads: The district court 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…”

United States v. $133,420.00 in United States Currency, 672 F.3d 629 (9th Cir. 2012). “§ 983(a)(3)(A); see also 28 U.S.C. § 1395 . The complaint must be verified, state the grounds for jurisdiction, describe the property and its location, identify the statute under which forfeiture is sought, and state facts sufficient to “support a reasonable *635 belief that the…”

United States v. 51 Pieces of Real Prop., 17 F.3d 1306 (10th Cir. 1994). · cites it 4× “3207, Congress expanded the venue for civil forfeiture actions arising out of money laundering activities as follows: In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation…”

United States v. All Funds on Deposit, 767 F. Supp. 36 (E.D.N.Y 1991). · cites it 2× “In support of his argument, Murillo relies on 28 U.S.C. § 1395 (b), which provides as follows: “(b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found” (emphasis supplied).”

United States v. One Lear Jet Aircraft, Serial No. 35a-280, Reg. No. Yn-Bvo, Leybda Corp., Claimant-Appellant, 836 F.2d 1571 (11th Cir. 1988). “The only statutory provision which requires the res to be before the court is 28 U.S.C.A. § 1395 (b), which provides: A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found.”

United States v. United States Currency in the Amount of Twenty Three Thousand Four Hundred Eighty One Dollars, 740 F. Supp. 950 (E.D.N.Y 1990). · cites it 2× “The next question is the matter of venue and it is clear that under 28 U.S.C. § 1395 (b), the venue for a civil proceeding for forfeiture of property is properly laid in the district where such property is “found.”

United States v. $78,850.00 in United States Currency, 446 F. Supp. 2d 428 (D.S.C. 2006). · cites it 3× “” 28 U.S.C. § 1395 (a). Section 1395 also provides that “[a] civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found.”

United States v. Certain Real Est. Prop. Located at 4880 S.E. Dixie High., 612 F. Supp. 1492 (S.D. Fla. 1985). “§§ 1345 and 1355; venue in this forum is proper under 28 U.S.C. § 1395 . I. Section 301(a)(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Act”), Pub.”

United States v. Donald Ray Abernathy, Daniel David Abernathy, 757 F.2d 1012 (9th Cir. 1985). “The federal venue statute regarding forfeiture, 28 U.S.C. § 1395 (a), states: “A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture, may be prosecuted in the district court where it accrues or the defendant is found.”

United States v. Fleet Wallace Maull, Drexler, Wald & Abramovitz, 855 F.2d 514 (8th Cir. 1988). “” Section 881(j) provides that a proceeding for civil forfeiture may be brought in any judicial district where the property is found, in accordance with 28 U.S.C. § 1395 (b) (1982), or in the judicial district in which the criminal prosecution is brought.”

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— 28 U.S.C. § 1395(e) — 1 case

United States v. $633,021.67 in United States Currency, 842 F. Supp. 528 (N.D. Ga. 1993). “§§ 981 (a)(1) and 1341, and 28 U.S.C. § 1395 (c).” Complaint, ¶ 1. Plaintiffs Complaint also suggests that jurisdiction may exist pursuant to 18 U.”

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