INJUNCTIVE RELIEF; PREJUDGMENT ATTACHMENTS.

SEC. 2521. INJUNCTIVE RELIEF; PREJUDGMENT ATTACHMENTS. (a) Injunctive Relief.— (1) Application by conservator or receiver for insured depository institutions.— Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended by inserting after paragraph (17) (as added by section 2511 of this title) the following new paragraphs: “(18) Attachment of assets and other injunctive relief.— Subject to paragraph (19), any court of competent jurisdiction may, at the request of— “(A) the Corporation (in the Corporation’s capacity as conservator or receiver for any insured depository institution or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13); or 104 STAT. 4864 “(B) any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Corporation or such conservator under the control of the court and appointing a trustee to hold such assets. “(19) Standards.— “(A) Showing.— Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under paragraph (18) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate. “(B) State proceeding.— If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party’s right to due process as Rule 65 (as modified with respect to such proceeding by subparagraph (A)), the relief sought by the Corporation or a conservator pursuant to paragraph (18) may be requested under the laws of such State.”. (2) Application by conservator or liquidating agent for insured credit union.— Section 207(b)(2) of the Federal Credit Union Act (12 U.S.C. 1787(b)(2)) is amended by redesignating subparagraph (G) as subparagraph (I) and by inserting after subparagraph (F) the following new subparagraphs: “(G) Attachment of assets and injunctive relief.— Subject to subparagraph (H), any court of competent jurisdiction may, at the request of the Board (in the Board’s capacity as conservator or liquidating agent for any insured credit union or in the Board’s corporate capacity in the exercise of any authority under section 207), issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Board under the control of the court and appointing a trustee to hold such assets. “(H) Standards.— “(i) Showing.— Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under subparagraph (G) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate. “(ii) State proceeding.— If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party’s right to due process as Rule 65 (as modified with respect to such proceeding by clause (i)), the relief sought by the Board pursuant to subparagraph (G) may be requested under the laws of such State.”. (b) Prejudgment Attachments.— (1) Appropriate federal banking agencies.—Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)) is amended by adding at the end the following new paragraph: “(4) Prejudgment attachment.— “(A) In general.—In any action brought by an appropriate Federal banking agency (excluding the Corporation104 STAT. 4865 when acting in a manner described in section ll(d)(18)) pursuant to this section, or in actions brought in aid of, or to enforce an order in, any administrative or other civil action for money damages, restitution, or civil money penalties brought by such agency, the court may, upon application of the agency, issue a restraining order that— “(i) prohibits any person subject to the proceeding from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets or other property; and “(ii) appoints a temporary receiver to administer the restraining order. “(B) Standard.— A permanent or temporary injunction or restraining order shall be granted without bond upon a prima facie showing that money damages, restitution, or civil money penalties, as sought by such agency, is appropriate.”. (2) Attorney general.— Section 1345 of title 18, United States Code, is amended— (1) by striking the 1st sentence and inserting the following: “(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; or “(B) committing or about to commit a banking law violation (as defined in section 3322(d) of this title), 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 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.”; and (2) by redesignating the material remaining in such section as subsection (b).