18 USC 1345 - Injunctions against fraud

U.S Code last checked for updates: Nov 22, 2024

§ 1345.

Injunctions against fraud

(a)

(1)

If a person is—

(A)

violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title;

(B)

committing or about to commit a banking law violation (as defined in section 3322(d) of this title); or

(C)

committing or about to commit a Federal health care offense;

the Attorney General may commence a civil action in any Federal court to enjoin such violation.

(2)

If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or a Federal health care offense or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court—

(A)

to enjoin such alienation or disposition of property; or

(B)

for a restraining order to—

(i)

prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and

(ii)

appoint a temporary receiver to administer such restraining order.

(3)

A permanent or temporary injunction or restraining order shall be granted without bond.

(b)

The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.

(Added Pub. L. 98–473, title II, § 1205(a), Oct. 12, 1984, 98 Stat. 2152; amended Pub. L. 100–690, title VII, § 7077, Nov. 18, 1988, 102 Stat. 4406; Pub. L. 101–647, title XXV, § 2521(b)(2), title XXXV, § 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104–191, title II, § 247, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 107–273, div. B, title IV, § 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.)

cite as: 18 USC 1345