|
|
|
U.S. Code as of:
01/19/04
Section 2461. Mode of recovery
(a) Whenever a civil fine, penalty or pecuniary forfeiture is
prescribed for the violation of an Act of Congress without
specifying the mode of recovery or enforcement thereof, it may be
recovered in a civil action.
(b) Unless otherwise provided by Act of Congress, whenever a
forfeiture of property is prescribed as a penalty for violation of
an Act of Congress and the seizure takes place on the high seas or
on navigable waters within the admiralty and maritime jurisdiction
of the United States, such forfeiture may be enforced by libel in
admiralty but in cases of seizures on land the forfeiture may be
enforced by a proceeding by libel which shall conform as near as
may be to proceedings in admiralty.
(c) If a forfeiture of property is authorized in connection with
a violation of an Act of Congress, and any person is charged in an
indictment or information with such violation but no specific
statutory provision is made for criminal forfeiture upon
conviction, the Government may include the forfeiture in the
indictment or information in accordance with the Federal Rules of
Criminal Procedure, and upon conviction, the court shall order the
forfeiture of the property in accordance with the procedures set
forth in section 413 of the Controlled Substances Act (21 U.S.C.
853), other than subsection (d) of that section.
|
|