Government action to enforce a civil fine, penalty or forfeiture
Under 28 U.S.C. 2462, an action to enforce a civil fine, penalty or forfeiture must be commenced within 5 years from the date the claim first accrued, unless an Act of Congress provides otherwise. Enter the accrual date.
- 28 U.S.C. 2462
- FRCP 6(a)
Find the filing deadline
Federal civil penalty and forfeiture actions.
Usually the date of the violation.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Find the accrual date. The Supreme Court held in Gabelli v. SEC (2013) that a penalty claim accrues when the violation occurs, not when it is discovered.
- Add 5 years.
- Move past closed days under Rule 6(a).
Worked examples
| Example | Accrued | Deadline |
|---|---|---|
| Violation on December 25, 2021 | Sat, Dec 25, 2021 | Mon, Dec 28, 2026 |
| Violation in spring 2022 | Tue, Mar 15, 2022 | Mon, Mar 15, 2027 |
Disgorgement and other remedies. In Kokesh v. SEC (2017), the Supreme Court held that SEC disgorgement is a penalty under section 2462. Congress later set specific periods for SEC disgorgement in 15 U.S.C. 78u(d)(8). Check whether a specific statute sets its own period.
Common questions
How long does the government have to sue for a civil penalty?
5 years from when the claim first accrued under 28 U.S.C. 2462, unless another statute says otherwise.
Does the discovery rule apply?
No. Under Gabelli v. SEC, the clock starts when the violation occurs.
Does this apply to administrative proceedings?
Section 2462 covers actions, suits and proceedings, which courts have applied to many administrative penalty proceedings.
Sources
- 28 U.S.C. 2462
- Gabelli v. SEC, 568 U.S. 442 (2013)
- Kokesh v. SEC, 581 U.S. 455 (2017)
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.