(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.
Editorial 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).
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]."
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