Luis v. United States (578 U.S. 5)
U.S. Supreme Court · decided March 30, 2016 · Supreme Court Database (Spaeth)
- Citation
- 578 U.S. 5 · 136 S. Ct. 1083
- Decided
- March 30, 2016
- Term
- October Term 2015
- Vote
- 5–3
- Majority author
- Justice Breyer
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
It is so ordered. APPENDIX Title 18 U.S.C. § 1345 provides: "(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…
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