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§ 2466. Fugitive disentitlement

Version history — every release point where this text changed

Release point 116-163 · current through 10/02/2020

116-252 is not ingested; this is Title 28 as published at 116-163 (2020-10-02), which is the latest release point at or before it that carries this title.

§ 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.

Source(Added Pub. L. 106–185, § 14(a),
Apr. 25, 2000
, 114 Stat. 219; amended Pub. L. 107–56, title III, § 322,
Oct. 26, 2001
, 115 Stat. 315; Pub. L. 109–162, title XI, § 1171(c),
Jan. 5, 2006
, 119 Stat. 3123; Pub. L. 109–177, title IV, § 406(a)(1),
Mar. 9, 2006
, 120 Stat. 244.)
Notes

Amendments

2006—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).

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
].”

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