U.S. Code » Title 39 » Part PART IV— MAIL MATTER › Chapter CHAPTER 30— NONMAILABLE MATTER

39 U.S.C. § 3007

Detention of mail for temporary periods

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(a)(1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure.(2)(A) Upon a proper showing, the court shall enter an order which shall—(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and(ii) direct the detention by the postmaster, in any and all districts, of the defendant’s incoming mail and outgoing mail, which is the subject of the proceedings under section 3005.(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005.(3) Mail detained under paragraph (2) shall—(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005.(4) No finding of the defendant’s intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section.(b) If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under subsection (a) was issued.(c) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106–168, title I, § 105(a), Dec. 12, 1999, 113 Stat. 1810.)Editorial NotesReferences in Text

Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

1999—Pub. L. 106–168 added subsecs. (a) and (b), struck out former subsec. (a) which provided for injunctive relief and other orders by the district court in which the defendant gets his mail, and redesignated former subsec. (b) as (c).

Statutory Notes and Related SubsidiariesEffective Date of 1999 Amendment

Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions
Cited in 30 cases, 1971–2006 · leading case: United States v. Weingold, 844 F. Supp. 1560 (D.N.J. 1994).
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United States v. Weingold, 844 F. Supp. 1560 (D.N.J. 1994). · cites it 16× “INTRODUCTION The United States of America and the United States Postal Service have applied to this Court for a preliminary injunction under 39 U.S.C. § 3007 , 18 U.S.C. § 1345 and Fed.”
Dynaquest Corp. v. United States Postal Serv., 242 F.3d 1070 (D.C. Cir. 2001). · cites it 5× “1 Eight days later, the Postal Service filed a separate action in the United States District Court for the Southern District of Ohio, pursuant to 39 U.S.C. § 3007 , seeking a temporary restraining order and preliminary injunction directing the detention of Dynaquest’s mail…”
United States v. William Savran & Assocs., Inc., 755 F. Supp. 1165 (E.D.N.Y 1991). · cites it 3× “§ 1345 was “intended to make it easier for the government to obtain preliminary injunctions as a means of terminating fraudulent schemes during the pendency of criminal investigations than had been possible under 39 U.S.C. § 3007” (United States v. Belden, supra, 714 F.”
State Comm'n on Human Relations v. Talbot Cnty. Det. Ctr., 803 A.2d 527 (Md. 2002). “(quoting 39 U.S.C. § 3007 ). The critical difference between the statute in Beamish and the statute before us today is that the Beamish provision spoke directly to the judiciary concerning its authority, or rather its duty, to issue an injunction upon a showing of probable cause.”
United States v. Belden, 714 F. Supp. 42 (N.D.N.Y. 1987). · cites it 3× “The Judiciary Committee of the Senate, reporting on the proposed statute providing injunctions against fraud, found that the avenue of preliminary relief provided by 39 U.S.C. § 3007 was too limited because it did not restrict future mailings or schemes that did not directly…”
Francine Marxe v. C.W. Jackson, C.E. Yates, & at & T Commc'ns, Inc., 833 F.2d 1121 (3rd Cir. 1988). “1972) (No irreparable harm showing under 39 U.S.C. § 3007 ). 4 . Courts need not find irreparable harm when acting to protect their jurisdiction.”
Blount v. Rizzi, 400 U.S. 410 (1971). “§ 4007 (now 39 U. S. C. § 3007 ), 84 Stat. 748 , under which the Postmaster General may obtain a court order permitting him to detain the defendant’s incoming mail pending the outcome of § 4006 proceedings against him.”
Nat. Resources Def. Council, Inc. Delaware Audubon Soc'y v. Texaco Refining & Mktg., Inc., 906 F.2d 934 (3rd Cir. 1990). “2d at 806 (quoting from 39 U.S.C. § 3007 ) (emphasis added). Likewise, in Virgin Islands, the statute in question, the Virgin Islands Coastal Zone Management Act of 1978, provided for preliminary injunctive relief upon a “prima facie showing of a violation.”
United States Postal Serv. v. Athena Prods., Ltd., 654 F.2d 362 (5th Cir. 1981). · cites it 2× “§ 3005 and 39 U.S.C. § 3007 . Under section 3005 1 the Postal Service may institute administrative proceedings to determine whether money is being obtained through the mails by means of false representations.”
United States v. Outpost Dev. Corp., 369 F. Supp. 399 (C.D. Cal. 1973). · cites it 5× “The provisions of 39 U.S.C. § 3007 under which plaintiffs seek relief provide that such injunction may issue where there has been a showing before the court that there is probable cause to believe that 39 U.”
United States Postal Serv. v. Andrew R. Amada Power Pick, Inc., an Arizona Corp., D/B/A Powerpick, 200 F.3d 647 (9th Cir. 2000). · cites it 2× “3 The district court granted a preliminary injunction under 39 U.S.C. § 3007 , which states: during the pendency of proceedings under sections 3005 or 3006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon…”
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). “§ 1345 as well as 39 U.S.C. § 3007 (“Detention of mail for temporary periods”).”
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