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l not be necessary for the court to issue an arrest warrant in rem, or to take any other action to establish in rem jurisdiction over the property. (d)(1) Real property may be seized prior to the entry of an order of forfeiture if - (A) the Government notifies the court that it intends to seize the property before trial; and (B) the court - (i) issues a notice of application for warrant, causes the notice to be served on the property owner and posted on the property, and conducts a hearing in which the property owner has a meaningful opportunity to be heard; or (ii) makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard. (2) For purposes of paragraph (1)(B)(ii), to establish exigent circumstances, the Government shall show that less restrictive measures such as a lis pendens, restraining order, or bond would not suffice to protect the Government's interests in preventing the sale, destruction, or continued unlawful use of the real property. (e) If the court authorizes a seizure of real property under subsection (d)(1)(B)(ii), it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure. (f) This section - (1) applies only to civil forfeitures of real property and interests in real property; (2) does not apply to forfeitures of the proceeds of the sale of such property or interests, or of money or other assets intended to be used to acquire such property or interests; and (3) shall not affect the authority of the court to enter a restraining order relating to real property. -SOURCE- (Added Pub. L. 106-185, Sec. 7(a), Apr. 25, 2000, 114 Stat. 214.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (c)(2)(B), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC1- EFFECTIVE DATE Section applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as an Effective Date of 2000 Amendment note under section 1324 of Title 8, Aliens and Nationality. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 981 of this title. -End- -CITE- 18 USC Sec. 986 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 46 - FORFEITURE -HEAD- Sec. 986. Subpoenas for bank records -STATUTE- (a) At any time after the commencement of any action for forfeiture in rem brought by the United States under section 1956, 1957, or 1960 of this title, section 5322 or 5324 of title 31, United States Code, or the Controlled Substances Act, any party may request the Clerk of the Court in the district in which the proceeding is pending to issue a subpoena duces tecum to any financial institution, as defined in section 5312(a) of title 31, United States Code, to produce books, records and any other documents at any place designated by the requesting party. All parties to the proceeding shall be notified of the issuance of any such subpoena. The procedures and limitations set forth in section 985 (!1) of this title shall apply to subpoenas issued under this section. (b) Service of a subpoena issued pursuant to this section shall be by certified mail. Records produced in response to such a subpoena may be produced in person or by mail, common carrier, or such other method as may be agreed upon by the party requesting the subpoena and the custodian of records. The party requesting the subpoena may require the custodian of records to submit an affidavit certifying the authenticity and completeness of the records and explaining the omission of any record called for in the subpoena. (c) Nothing in this section shall preclude any party from pursuing any form of discovery pursuant to the Federal Rules of Civil Procedure. (d) Access to Records in Bank Secrecy Jurisdictions. - (1) In general. - In any civil forfeiture case, or in any ancillary proceeding in any criminal forfeiture case governed by section 413(n) of the Controlled Substances Act (21 U.S.C. 853(n)), in which - (A) financial records located in a foreign country may be material - (i) to any claim or to the ability of the Government to respond to such claim; or (ii) in a civil forfeiture case, to the ability of the Government to establish the forfeitability of the property; and (B) it is within the capacity of the claimant to waive the claimant's rights under applicable financial secrecy laws, or to obtain the records so that such records can be made available notwithstanding such secrecy laws, the refusal of the claimant to provide the records in response to a discovery request or to take the action necessary otherwise to make the records available shall be grounds for judicial sanctions, up to and including dismissal of the claim with prejudice. (2) Privilege. - This subsection shall not affect the right of the claimant to refuse production on the basis of any privilege guaranteed by the Constitution of the United States or any other provision of Federal law. -SOURCE- (Added Pub. L. 102-550, title XV, Sec. 1523(a), Oct. 28, 1992, 106 Stat. 4063; amended Pub. L. 103-325, title IV, Sec. 411(c)(2)(E), Sept. 23, 1994, 108 Stat. 2253; Pub. L. 106-185, Sec. 17, Apr. 25, 2000, 114 Stat. 221.) -REFTEXT- REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (a), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. Section 985 of this title, referred to in subsec. (a), was enacted by Pub. L. 106-185, and relates to civil forfeitures of real property and not to procedures and limitations for subpoenas. The reference to section 985 was included in this section when it was enacted by Pub. L. 102-550, but at that time there was no section 985 of this title. The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in Title 28, Appendix, Judiciary and Judicial Procedure. -MISC1- AMENDMENTS 2000 - Subsec. (d). Pub. L. 106-185 added subsec. (d). 1994 - Subsec. (a). Pub. L. 103-325 substituted "section 5322 or 5324 of title 31" for "section 5322 of title 31". EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note under section 1324 of Title 8, Aliens and Nationality. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 18 USC CHAPTER 47 - FRAUD AND FALSE STATEMENTS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- CHAPTER 47 - FRAUD AND FALSE STATEMENTS -MISC1- Sec. 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation transactions. [1008, 1009. Repealed.] 1010. Department of Housing and Urban Development and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Development transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; renewals and discounts; crop insurance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment of appearance or oath. 1017. Government seals wrongfully used and instruments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or veteran's facilities property. 1025. False pretenses on high seas and other waters. 1026. Compromise, adjustment, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974. 1028. Fraud and related activity in connection with identification documents and information.(!1) 1029. Fraud and related activity in connection with access devices. 1030. Fraud and related activity in connection with computers. 1031. Major fraud against the United States. 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution. 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. 1034. Civil penalties and injunctions for violations of section 1033. 1035. False statements relating to health care matters. 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport. 1037. Fraud and related activity in connection with electronic mail. AMENDMENTS 2003 - Pub. L. 108-187, Sec. 4(a)(2), Dec. 16, 2003, 117 Stat. 2705, added item 1037. 2000 - Pub. L. 106-547, Sec. 2(b), Dec. 19, 2000, 114 Stat. 2739, added item 1036. 1998 - Pub. L. 105-318, Sec. 3(h)(2), Oct. 30, 1998, 112 Stat. 3009, inserted "and information" at end of item 1028. 1996 - Pub. L. 104-294, title VI, Sec. 601(f)(8), Oct. 11, 1996, 110 Stat. 3500, substituted "veteran's facilities" for "veterans' facilities" in item 1024. Pub. L. 104-191, title II, Sec. 244(b), Aug. 21, 1996, 110 Stat. 2017, added item 1035. 1994 - Pub. L. 103-322, title XXXII, Sec. 320603(b), Sept. 13, 1994, 108 Stat. 2118, added items 1033 and 1034. 1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec. 3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after "1031" and added item 1032. 1989 - Pub. L. 101-73, title IX, Secs. 961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 "Federal Savings and Loan Insurance Corporation transactions" and item 1009 "Rumors regarding Federal Savings and Loan Insurance Corporation". 1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031. 1984 - Pub. L. 98-473, title II, Secs. 1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030. 1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010, added item 1028. 1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, substituted "Employee Retirement Income Security Act of 1974" for "Welfare and Pension Plans Disclosure Act" in item 1027. 1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28, included "Department of Housing and Urban Development" in item 1010, and substituted the same for "Public Housing Administration" in item 1012. 1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720, substituted "Public Housing Administration" for "United States Housing Authority" in item 1012. 1949 - Act May 24, 1949, ch. 139, Secs. 18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted "officers" for "offices" in item 1019. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 section 12a; title 15 sections 78o, 80b-3, 7703; title 29 section 1031. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 108-21 without corresponding amendment of chapter analysis. -End- -CITE- 18 USC Sec. 1001 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1001. Statements or entries generally -STATUTE- (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully - (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both. (b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to - (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-292, Sec. 2, Oct. 11, 1996, 110 Stat. 3459.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts. The provision relating to false claims was incorporated in section 287 of this title. Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Words "or any corporation in which the United States of America is a stockholder" in said section 80 were omitted as unnecessary in view of definition of "agency" in section 6 of this title. In addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser's note under section 287 of this title.) AMENDMENTS 1996 - Pub. L. 104-292 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC2- SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-21, title VI, Sec. 607(a), Apr. 30, 2003, 117 Stat. 689, provided that: "This section [amending section 1028 of this title] may be cited as the 'Secure Authentication Feature and Enhanced Identification Defense Act of 2003' or 'SAFE ID Act'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-578, Sec. 1, Dec. 28, 2000, 114 Stat. 3075, provided that: "This Act [amending section 1028 of this title, repealing section 1738 of this title, and enacting provisions set out as notes under section 1028 of this title] may be cited as the 'Internet False Identification Prev

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