28 USC 2465 - Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest

U.S Code last checked for updates: Apr 15, 2024

§ 2465.

Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest

(a)

Upon the entry of a judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any provision of Federal law—

(1)

such property shall be returned forthwith to the claimant or his agent; and

(2)

if it appears that there was reasonable cause for the seizure or arrest, the court shall cause a proper certificate thereof to be entered and, in such case, neither the person who made the seizure or arrest nor the prosecutor shall be liable to suit or judgment on account of such suit or prosecution, nor shall the claimant be entitled to costs, except as provided in subsection (b).

(b)

(1)

Except as provided in paragraph (2), in any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails, the United States shall be liable for—

(A)

reasonable attorney fees and other litigation costs reasonably incurred by the claimant;

(B)

post-judgment interest, as set forth in section 1961 of this title; and

(C)

in cases involving currency, other negotiable instruments, or the proceeds of an interlocutory sale—

(i)

interest actually paid to the United States from the date of seizure or arrest of the property that resulted from the investment of the property in an interest-bearing account or instrument; and

(ii)

an imputed amount of interest that such currency, instruments, or proceeds would have earned at the rate applicable to the 30-day Treasury Bill, for any period during which no interest was paid (not including any period when the property reasonably was in use as evidence in an official proceeding or in conducting scientific tests for the purpose of collecting evidence), commencing 15 days after the property was seized by a Federal law enforcement agency, or was turned over to a Federal law enforcement agency by a State or local law enforcement agency.

(2)

(A)

The United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized by this subsection.

(B)

The provisions of paragraph (1) shall not apply if the claimant is convicted of a crime for which the interest of the claimant in the property was subject to forfeiture under a Federal criminal forfeiture law.

(C)

If there are multiple claims to the same property, the United States shall not be liable for costs and attorneys fees associated with any such claim if the United States—

(i)

promptly recognizes such claim;

(ii)

promptly returns the interest of the claimant in the property to the claimant, if the property can be divided without difficulty and there are no competing claims to that portion of the property;

(iii)

does not cause the claimant to incur additional, reasonable costs or fees; and

(iv)

prevails in obtaining forfeiture with respect to one or more of the other claims.

(D)

If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly.

(June 25, 1948, ch. 646, 62 Stat. 975; Pub. L. 106–185, § 4(a), Apr. 25, 2000, 114 Stat. 211.)

cite as: 28 USC 2465