1428
Imparting or Conveying False Information
(Bomb Hoax)Venue for Civil Action
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Under 28 U.S.C. § 1355, the Federal district courts have
jurisdiction
over actions for the recovery of any penalties incurred under acts of
Congress.
A civil action for the recovery of a pecuniary penalty may, subject to the
process provisions of Rule 4 Federal Rules of Civil Procedure, be brought
either
in the district in which it accrues or in the one in which the defendant is
found. See 28 U.S.C. § 1395(a). Since the Federal Rules of
Civil
Procedure govern actions brought pursuant to Pub.L. No. 89-64 (see
Rules
1 and 81(a), Fed. R. Civ. P.; Rule 54(b)(5), Fed. R. Crim. P.; Reviser's
Note,
par. 4, under 28 U.S.C. § 2462), United States Attorneys should insure
that
civil complaints and summonses instead of information and warrants of arrest
are
employed in these cases. See Rules 3 and 4, Fed. R. Civ. P.
Section 1395(a) of Title 28 provides that a civil action for the
recovery of a pecuniary penalty may be brought either in the district in
which
it accrues or in the one in which the defendant is found. Despite the
language
of this provision, the cases indicate that the process limitations contained
in
Rule 4, Federal Rules of Civil Procedure, will govern the choice of forum in
civil penalty "bomb hoax" cases, just as in ordinary litigation. As the
Supreme
Court said in Georgia v. Pennsylvania R. Co., 324 U.S. 439, 467
(1944),
"(a)part from specific exceptions created by Congress the jurisdiction of
the
district courts is territorial." See Rule 4(f), Fed. R. Civ. P.;
Ahrens v. Clark, 335 U.S. 188, 190 (1948). See also United
States v. Congress Construction Co., 222 U.S. 199 (1911); Robertson
v.
Labor Board, 268 U.S. 619 (1924). Under Rule 4(e), Federal Rules of
Civil
Procedure, in certain instances state "long-arm" statutes might per
mit the commencement of a civil penalty suit in the district of the offense.
Since only a few states have enacted such statutes, however, the interest in
uniformity requires that all civil penalty actions under 18 U.S.C. §
35(a)
be brought in the district in which the defendant resides. This policy
comports
with the general practice followed by other Divisions when enforcing civil
sanctions.
[updated August 1999] [cited in USAM 9-63.200; USAM 9-63.251] | |