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an amount equal to 10 percent of the value of the forfeited property, but in no
event shall the fine be less than $ 250 or greater than $ 5,000.
(2) Any civil fine imposed under this subsection shall not preclude the court
from imposing sanctions under rule 11 of the Federal Rules of Civil Procedure.
(3) In addition to the limitations of section 1915 of title 28, United States Code,
in no event shall a prisoner file a claim under a civil forfeiture statute or appeal a
judgment in a civil action or proceeding based on a civil forfeiture statute if the
prisoner has, on three or more prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous or malicious, unless the prisoner
shows extraordinary and exceptional circumstances.
(i) Civil forfeiture statute defined: In this section, the term "civil forfeiture
statute"—
(1) means any provision of Federal law providing for the forfeiture of property
other than as a sentence imposed upon conviction of a criminal offense; and
(2) does not include—
(A) the Tariff Act of 1930 or any other provision of law codified in title 19;
(B) the Internal Revenue Code of 1986 [26 U.S.C. §§ 1 et seq.];
(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(D) the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.) or the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.);
or
(E) section 1 of title VI of the Act of June 15, 1917 (40 Stat. 233; 22 U.S.C.
401).
(j) Restraining orders; protective orders.
(1) Upon application of the United States, the court may enter a restraining
order or injunction, require the execution of satisfactory performance bonds,
create receiverships, appoint conservators, custodians, appraisers, accountants,
or trustees, or take any other action to seize, secure, maintain, or preserve the
availability of property subject to civil forfeiture—
(A) upon the filing of a civil forfeiture complaint alleging that the property
with respect to which the order is sought is subject to civil forfeiture; or
(B) prior to the filing of such a complaint, if, after notice to persons appearing
to have an interest in the property and opportunity for a hearing, the court
determines that—
(i) there is a substantial probability that the United States will prevail on the
issue of forfeiture and that failure to enter the order will result in the property
being destroyed, removed from the jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of the property through the entry of
the requested order outweighs the hardship on any party against whom the order
is to be entered.