48 U.S.C. § 1612

Jurisdiction of District Court

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(a) Jurisdiction

The District Court of the Virgin Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States. The District Court of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of title 26 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by the appropriate officers thereof in the District Court of the Virgin Islands without the request or the consent of the United States attorney for the Virgin Islands, notwithstanding the provisions of section 1617 of this title.

(b) General jurisdiction; limitations

In addition to the jurisdiction described in subsection (a) the District Court of the Virgin Islands shall have general original jurisdiction in all causes in the Virgin Islands the jurisdiction over which is not then vested by local law in the local courts of the Virgin Islands: Provided, That the jurisdiction of the District Court of the Virgin Islands under this subsection shall not extend to civil actions wherein the matter in controversy does not exceed the sum or value of $500, exclusive of interest and costs; to criminal cases wherein the maximum punishment which may be imposed does not exceed a fine of $100 or imprisonment for six months, or both; and to violations of local police and executive regulations. The courts established by local law shall have jurisdiction over the civil actions, criminal cases, and violations set forth in the preceding proviso. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by local law for the purposes of determining the availability of indictment by grand jury or trial by jury.

The District Court of the Virgin Islands shall have concurrent jurisdiction with the courts of the Virgin Islands established by local law over those offenses against the criminal laws of the Virgin Islands, whether felonies or misdemeanors or both, which are of the same or similar character or part of, or based on, the same act or transaction or two or more acts or transactions connected together or constituting part of a common scheme or plan, if such act or transaction or acts or transactions also constitutes or constitute an offense or offenses against one or more of the statutes over which the District Court of the Virgin Islands has jurisdiction pursuant to subsections (a) and (b) of this section.

(July 22, 1954, ch. 558, § 22, 68 Stat. 506; Pub. L. 95–598, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2680; Pub. L. 98–454, title VII, § 703(a), title X, § 1001, Oct. 5, 1984, 98 Stat. 1738, 1745; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.

Amendments

1986—Subsec. (a). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1984—Pub. L. 98–454 amended section generally, designating existing provisions as subsec. (a), substituted provisions that District Court would have all jurisdiction of a district court of the United States, including diversity jurisdiction and bankruptcy jurisdiction as well as civil and criminal matters regarding the income tax laws applicable to the Virgin Islands for former provisions conferring general jurisdiction on the court and providing for the transfer of cases, repealed section 336 of Pub. L. 95–598, which had amended this section, and added subsecs. (b) and (c).

1978—Pub. L. 95–598 inserted “and a bankruptcy court” after “jurisdiction of a district court”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.

Effective Date of 1978 Amendment

Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. 2682, which provided a prospective effective date for the amendment of this section by section 336(a) of Pub. L. 95–598, was repealed by Pub. L. 98–454, title X, § 1001, Oct. 5, 1984, 98 Stat. 1745.

Jurisdiction of District Court Over Pending Cases

Pub. L. 98–454, title VII, § 703(b), Oct. 5, 1984, 98 Stat. 1738, provided that: “The provisions of this section [amending this section] shall not result in the loss of jurisdiction of the District Court of the Virgin Islands over any complaint or proceeding pending in it on the day preceding the effective date of this amendatory Act [see Effective Date of 1984 Amendment note set out under section 1424 of this title] and such complaint and proceeding may be pursued to final determination in the District Court of the Virgin Islands, the United States Court of Appeals for the Third Circuit, and the Supreme Court, notwithstanding the provisions of this amendatory Act [Pub. L. 98–454].”

Notes of Decisions

Cited in 496 cases (76 in the last 5 years), 1944–2026 · leading case: Rivera-Moreno v. Gov't of the Virgin Islands, 61 V.I. 279 (2014).

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Rivera-Moreno v. Gov't of the Virgin Islands, 61 V.I. 279 (2014). · cites it 12× “Pursuant to this provision, The District Court of the Virgin Islands shall have concurrent jurisdiction with the courts of the Virgin Islands established by local law over those offenses against the criminal laws of the Virgin Islands, whether felonies or misdemeanors or both,…”

James Callwood v. Jerry Enos , Dir., Bureau of Corr. Chesley Roebuck, Chairman of V.I. Parole Bd., 230 F.3d 627 (3rd Cir. 2000). · cites it 6× “LEXIS 25495, *8 ; see 48 U.S.C. § 1612 (a). Moreover, in enacting the 1984 amendments, Congress gave the Virgin Islands legislature the power to vest jurisdiction over local actions exclusively in the local courts.”

Birdman v. Off. of the Governor, 677 F.3d 167 (3rd Cir. 2012). · cites it 8× “3 They maintained that, under 48 U.S.C. § 1612 (a), jurisdiction (and thus venue) is proper only in the V.”

Edwards v. Hovensa, LLC, 497 F.3d 355 (3rd Cir. 2007). · cites it 5× “§ 1332 and 48 U.S.C. § 1612 (a). The parties are diverse.”

Roy Sylvester Parrott v. Gov't of the Virgin Islands, 230 F.3d 615 (3rd Cir. 2000). · cites it 7× “” 48 U.S.C. § 1612 (a). 4 After the 1984 amendments, the District Court continued to possess its statutorily granted local jurisdiction.”

United States v. Ronald Gillette, 738 F.3d 63 (3rd Cir. 2013). · cites it 8× “The District Court exercised jurisdiction over the local crimes pursuant to 48 U.S.C. § 1612 (c), which grants the District Court concurrent jurisdiction with the Virgin Islands courts over certain local crimes “which are of the same or similar character or part of, or based on,…”

Patrick McGrogan v. Comm'r of Internal Reven, 718 F.3d 216 (3rd Cir. 2013). · cites it 9× “Taxpayers assert that the sovereign immunity bar does not apply and that their claims were properly brought in the District Court of the Virgin Islands for three reasons: (1) by enacting 48 U.S.C. § 1612 (a), Congress purportedly waived sovereign immunity by vesting exclusive…”

Brow v. Farrelly, 994 F.2d 1021 (3rd Cir. 1993). · cites it 10× “1738,1745 (codified at 48 U.S.C. § 1612 (a)-(c) (1987)). Subsection (a) of section 1612 establishes the basic jurisdictional foundation of the District Court.”

Metcalfe v. Renaissance Marine, Inc., 566 F.3d 324 (3rd Cir. 2009). · cites it 2× “[3] Under 48 U.S.C. § 1612 (a), the District Court of the Virgin Islands has diversity jurisdiction to the full extent as provided for in 28 U.”

Brow v. Farrelly, 994 F.2d 1027 (3rd Cir. 1993). · cites it 10× “1738 , 1745 (codified at 48 U.S.C. § 1612 (a) — (c) (1987)). Subsection (a) of section 1612 establishes the basic jurisdictional foundation of the District Court.”

Bruno Lloyd v. Hovensa, LLC Wyatt, V.I., Inc. Bruno Lloyd v. Hovensa, LLC Wyatt, V.I., Inc., 369 F.3d 263 (3rd Cir. 2004). · cites it 2× “Rather than stay the proceedings pending arbitration, however, the District Court dismissed the action with prejudice because it found all of Lloyd’s claims to be arbitrable and thus left no claims for adjudication by the District Court. 2 Lloyd filed a timely notice of appeal…”

Est. of Thomas Mall, Inc., in No. 90-3691 v. Territorial Court of the Virgin Islands, in No. 90-3649, 923 F.2d 258 (3rd Cir. 1991). · cites it 5× “The amendment has been codified at 48 U.S.C. § 1612 (b) and reads in relevant part: In addition to the jurisdiction described in subsection (a) of this section [essentially federal question jurisdiction] the District Court of the Virgin Islands shall have general original…”

Show all 496 citing cases →

— 48 U.S.C. § 1612(a) — 5 cases

Joseph v. People, 2008 U.S. Dist. LEXIS 107654 (D.V.I. 2008).

Devcon Int'l Corp. v. Reliance Ins., 609 F.3d 214 (3rd Cir. 2010).

Pate v. Gov't of the Virgin Islands, 62 V.I. 271 (2015).

Bus. Ventures Int'l v. Olive, 893 F.2d 641 (3rd Cir. 1990).

Gordon Ackley v. Virgin Islands Water & Power Auth. (3rd Cir. 2026).

— 48 U.S.C. § 1612(b) — 1 case

Brow v. Farrelly, 994 F.2d 1021 (3rd Cir. 1993). “1738,1745 (codified at 48 U.S.C. § 1612 (a)-(c) (1987)). Subsection (a) of section 1612 establishes the basic jurisdictional foundation of the District Court.”

— 48 U.S.C. § 1612(c) — 1 case

United States v. Kahli Ubiles, 224 F.3d 213 (3rd Cir. 2000).

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