1. (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. (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—

      1. (A) purposely leaves the jurisdiction of the United States;
      2. (B) declines to enter or reenter the United States to submit to its jurisdiction; or
      3. (C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and
   2. (2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction.
2. (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.

(Added Pub. L. 106–185, § 14(a), Apr. 25, 2000, 114 Stat. 219; amended Pub. L. 107–56, title III, § 322, Oct. 26, 2001, 115 Stat. 315; Pub. L. 109–162, title XI, § 1171(c), Jan. 5, 2006, 119 Stat. 3123; Pub. L. 109–177, title IV, § 406(a)(1), Mar. 9, 2006, 120 Stat. 244.)

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].”