28 U.S. Code § 2466 - Fugitive disentitlement

§ 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.
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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