Congress has provided by statute for a myriad of civil penalties and civil monetary forfeitures. Responsibility as to particular types of penalties and forfeitures is ordinarily assigned to one of the Department’s Divisions. See, e.g., 28 C.F.R. § 0.55(d) (listing civil penalty and forfeiture matters supervised by the Criminal Division), § 0.65 (matters supervised by the Environment and Natural Resources Division). If a particular type of civil penalty or civil forfeiture matter is not specially assigned to a particular division, it is generally assigned to the Civil Division’s Commercial Litigation Branch, although it alternatively may be assigned to the Federal Programs, Consumer Protection, or Torts Branches. Where there is doubt about which Division or Branch will handle or supervise the civil penalty or forfeiture matter, USAOs should consult with the Commercial Litigation Branch.

Care should be taken to examine the statute under which the penalty or forfeiture is assessed to ascertain whether enforcement requires a trial de novo and whether any other special conditions attach.

Courts may limit the imposition of statutory civil penalties as a violation of a defendant's constitutional rights, such as where the civil penalty violates the Excessive Fines Clause of the Eighth Amendment. In seeking civil monetary penalties or forfeitures, consideration should be given to potential constitutional challenges.

[updated April 2018]