28 U.S.C. § 2466

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2466 - Fugitive disentitlement

(a) A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action upon a finding that such person-

(1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal prosecution-

(A) purposely leaves the jurisdiction of the United States;

(B) declines to enter or reenter the United States to submit to its jurisdiction; or

(C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and

(2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction.

(b) Subsection (a) may be applied to a claim filed by a corporation if any majority shareholder, or individual filing the claim on behalf of the corporation is a person to whom subsection (a) applies.

28 U.S.C. § 2466

Added Pub. L. 106-185, §14(a), Apr. 25, 2000, 114 Stat. 219; amended Pub. L. 107-56, §322, 115 Stat. 315; Pub. L. 109-162, title XI, §1171(c), Jan. 5, 2006, 119 Stat. 3123; Pub. L. 109-177, §406, 120 Stat. 244.

EDITORIAL NOTES

AMENDMENTS2006- Pub. L. 109-177 directed amendment of directory language of Pub. L. 107-56, §322, identical to amendment by Pub. L. 109-162. See below. Pub. L. 109-162 amended directory language of Pub. L. 107-56, §322 . See 2001 Amendment note below.2001- Pub. L. 107-56, §322, as amended by Pub. L. 109-162, designated existing provisions as subsec. (a) and added subsec. (b).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-162, title XI, §1171(c), Jan. 5, 2006, 119 Stat. 3123, provided in part that the amendment made by section 1171(c) of Pub. L. 109-162 is effective Oct. 26, 2001.

EFFECTIVE DATE Pub. L. 106-185, §14(c), Apr. 25, 2000, 114 Stat. 219, provided that: "The amendments made by this section [enacting this section] shall apply to any case pending on or after the date of the enactment of this Act [Apr. 25, 2000]."