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U.S. Code as of:
01/19/04
Section 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.
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