19 U.S.C. § 1604 - Seizure; prosecution

• Cite as: 19 U.S.C. § 1604

It shall be the duty of the Attorney General of the United States immediately to inquire into the facts of cases reported to him by customs officers and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such ¹ violation, for the recovery of which the institution of proceedings in the United States district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the Secretary of the Treasury for his direction in the premises.

¹ See Codification note below.

Cite as 19 U.S.C. § 1604

Source: June 17, 1930, ch. 497, title IV, §604, 46 Stat. 754; Pub. L. 91-271, title III, §301(bb), June 2, 1970, 84 Stat. 291; Pub. L. 96-417, title VI, §610, Oct. 10, 1980, 94 Stat. 1746.

Notes from the Office of Law Revision Counsel

current through 7/7/2021

CODIFICATION

As enacted by act June 17, 1930, the catchline for this section was "Same-prosecution", as this section was intended to be read as a continuation of the provisions introduced in sections 1602 and 1603 of this title. The use of "such" in text is meant to refer back to section 1603 of this title.

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, §604, 42 Stat. 984. That section was superseded by section 604 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.