United States · Federal statutory limitations
When does the five-year federal civil penalty component expire?
Section 2462 generally requires a civil fine, penalty or forfeiture enforcement action, suit or proceeding within five years after the claim first accrues, unless another Act provides otherwise. Its service-availability condition also matters. This calculator is limited to an established federal civil court component; it does not compute an administrative agency’s filing rules.
- Period
- Ordinary five-year enforcement component
- Trigger
- Legally established first accrual of the enforcement claim
- Rule
- 28 U.S.C. § 2462
S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event.
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Which event starts this particular limitation?
Section 2462 generally requires a civil fine, penalty or forfeiture enforcement action, suit or proceeding within five years after the claim first accrues, unless another Act provides otherwise. Its service-availability condition also matters. This calculator is limited to an established federal civil court component; it does not compute an administrative agency’s filing rules.
Responsible actor. The government or other authorized actor commencing the covered penalty enforcement action.
Identify the actual enforcement remedy and authorizing statute.
Determine first accrual under controlling authority for that claim.
Establish the statutory condition concerning the offender or property being found within the United States for proper service.
Use only after establishing a covered federal civil court enforcement claim, its first-accrual event and the absence of a different statutory period. Review an administrative proceeding against its own procedural rules.
28 U.S.C. § 2462How is this established federal civil court component counted?
- Legally established first accrual of the enforcement claim
- For the established federal civil court component, FRCP 6(a)(1) excludes the trigger day and includes intermediate weekends and holidays. A period in months or years uses its corresponding calendar date, rather than a fixed number of days. The final weekend or legal holiday moves forward under Rule 6(a). A target month or year without the corresponding day requires separate endpoint review; this calculator refuses that input.
- Commence the identified federal civil court enforcement action according to its actual statute and court rules. Preserve accrual and service-condition evidence.
Retained 2024 annual U.S. Code, laws in effect January 6, 2025. The subsequent-law review covers the retained 119th Congress corpus through Public Law 119-118, approved September 30, 2026. Its scoped candidate findings do not establish every claim-specific exception or later judicial application. This page requires the stated covered cause and legally established event. Court computation uses the retained December 1, 2025 FRCP compilation; identified agency regulations use their separately stated 2026 API editions.
The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
FRCP 3, 6(a)(1), (3), (4), (6) and 6(d)What do independently derived component examples show?
Fictitious example
Fictitious independently established facts. Use only after establishing a covered federal civil court enforcement claim, its first-accrual event and the absence of a different statutory period. Review an administrative proceeding against its own procedural rules.
| Step | What is counted | Date |
|---|---|---|
| Ordinary established event | Legally established first accrual of the enforcement claim | Tuesday, June 2, 2026 |
| Ordinary component | Event on Tuesday, June 2, 2026. The independently established 5-years component has the corresponding nominal date 2031-06-02. Under the stated federal civil court assumptions, the final date is 2031-06-02. No tolling, service addition or unknown local holiday is assumed. | Monday, June 2, 2031 |
| Holiday component | Event on Thursday, January 1, 2026. The independently established 5-years component has the corresponding nominal date 2031-01-01. Under the stated federal civil court assumptions, the final date is 2031-01-02. No tolling, service addition or unknown local holiday is assumed. | Thursday, January 2, 2031 |
| Confirmed clerk-inaccessibility branch | Event on Tuesday, June 2, 2026. The independently established 5-years component has the corresponding nominal date 2031-06-02. Under the stated federal civil court assumptions, the final date is 2031-06-03. No tolling, service addition or unknown local holiday is assumed. Fictitious independently confirmed full-day clerk closure on Monday, June 2, 2031; no contrary court order. | Tuesday, June 3, 2031 |
Fictitious independently established events and classifications. The displayed result is this one untolled component. Securities earlier-of comparisons and alternative wage classifications are separately identified. These examples do not determine accrual, discovery, statutory liability, the actual forum, an exception, a completed filing or an unrecorded closure. Use only after establishing a covered federal civil court enforcement claim, its first-accrual event and the absence of a different statutory period. Review an administrative proceeding against its own procedural rules.
Try these dates in the calculatorWhich qualifications can change this limitation analysis?
- Specific Act
- A more specific Act can displace the general five-year provision.
- Service condition
- Section 2462 includes its within-period presence condition for proper service; the date entry does not determine those facts.
- Agency forum
- The statute also reaches proceedings. Their inclusion does not make FRCP computation govern every administrative forum.
- Calendar and endpoint coverage
- The calendar covers established events and results from January 1, 2025 through December 31, 2033. OPM observations for 2025–2030 are independently checked. Dates in 2031–2033 are standing-rule projections under 5 U.S.C. § 6103, not published OPM schedules. Additional presidential, congressional or district-state holidays, amendments and actual clerk inaccessibility require separate review. Inauguration Day is not treated as a nationwide district-court holiday. The coverage boundary does not establish statutory applicability or lateness.
- Use only after establishing a covered federal civil court enforcement claim, its first-accrual event and the absence of a different statutory period. Review an administrative proceeding against its own procedural rules.
- The calculation supplies the stated component on established facts. Unmodeled tolling, competing components and claim-specific exceptions require separate controlling review.
What must be completed and preserved?
Questions about this particular statutory limitation
When does the five-year federal civil penalty component expire?
Does this decide whether disgorgement is a penalty?
No. Establish the character of the actual remedy and its governing statute before choosing this component.
28 U.S.C. § 2462Separate private securities fraud claimCan an agency use the district-court cutoff from this result?
No. Administrative filing and counting require the agency’s applicable procedural review.
28 U.S.C. § 2462Separate private five-year violation componentCan I enter my investigation start date?
Only if controlling law establishes it as first accrual for this claim. The calculator does not determine accrual.
28 U.S.C. § 2462Different action against the United StatesOfficial sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 28 U.S.C. § 2462 | This statutory actor, event, period and qualifications |
| FRCP 3, 6(a)(1), (3), (4), (6) and 6(d) | Federal court commencement, computation and filing boundary |
| 5 U.S.C. § 6103(a)–(b); Executive Order 11582 § 3(a) | Named and observed holidays, with explicit limits on future projections |
| OPM published federal holiday schedules through 2030 | Named and observed holidays, with explicit limits on future projections |
| 28 U.S.C. § 1658(b)(1)–(2) | The separately identified agency procedure, related statutory requirement or primary decision |
| 28 U.S.C. § 2401(a) | The separately identified agency procedure, related statutory requirement or primary decision |