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Can you summarize 28 USC 2461?
FINES, PENALTIES AND FORFEITURES > Mode of recovery
Short Summary
This legal document, 2461 of the United States Code, governs the mode of recovery for civil fines, penalties, and pecuniary forfeitures. When an Act of Congress prescribes a civil fine, penalty, or pecuniary forfeiture without specifying the mode of recovery, it may be recovered through a civil action. If a forfeiture of property is prescribed as a penalty for violating an Act of Congress and the seizure occurs on the high seas or navigable waters within the admiralty and maritime jurisdiction of the United States, the forfeiture may be enforced by libel in admiralty. However, if the seizure takes place on land, the forfeiture may be enforced by a proceeding by libel that closely follows admiralty proceedings. In criminal cases where a violation of an Act of Congress allows for civil or criminal forfeiture of property, the Government may include notice of the forfeiture in the indictment or information. If the defendant is convicted, the court shall order the forfeiture of the property as part of the sentence, following the Federal Rules of Criminal Procedure and section 3554 of title 18, United States Code. The procedures in section 413 of the Controlled Substances Act apply to all stages of a criminal forfeiture proceeding, with subsection (d) applying only in cases where the defendant is convicted of a violation of the Controlled Substances Act.
Whom does it apply to?
Violators of Acts of Congress
What does it govern?
Mode of recovery for civil fines, penalties, and pecuniary forfeitures
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Civil fines, penalties, and pecuniary forfeitures may be enforced through civil actions or proceedings by libel in admiralty.
Jurisdiction
U.S. Federal Government