Federal · Title 28 — Judiciary and Judicial Procedure

28 U.S.C. § 2465: Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest

Civil

What this law says, in plain English

This statute establishes procedures for returning seized property to claimants and defines liability, attorney fees, costs, and interest owed when seizure lacks reasonable cause.

Read the full statutory text
such property shall be returned forthwith to the claimant or his agent; and 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). reasonable attorney fees and other litigation costs reasonably incurred by the claimant; post-judgment interest, as set forth in section 1961 of this title ; and 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 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. 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. 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. promptly recognizes such claim; 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; does not cause the claimant to incur additional, reasonable costs or fees; and prevails in obtaining forfeiture with respect to one or more of the other claims. 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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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.