7 USC 8313 - Penalties

U.S Code last checked for updates: Apr 29, 2024

§ 8313.

Penalties

(a)

Criminal penalties

(1)

Offenses

(A)

In general

(B)

Distribution or sale

(2)

Multiple violations

(b)

Civil penalties

(1)

In general

Except as provided in section 8309(d) of this title, any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—

(A)

(i)

$50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain;

(ii)

$250,000 in the case of any other person for each violation; and

(iii)

for all violations adjudicated in a single proceeding—

(I)

$500,000 if the violations do not include a willful violation; or

(II)

$1,000,000 if the violations include 1 or more willful violations.

(B)

twice the gross gain or gross loss for any violation or forgery, counterfeiting, or unauthorized use, alteration, defacing or destruction of a certificate, permit, or other document provided under this chapter that results in the person’s deriving pecuniary gain or causing pecuniary loss to another person.

(2)

Factors in determining civil penalty

In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator—

(A)

the ability to pay;

(B)

the effect on ability to continue to do business;

(C)

any history of prior violations;

(D)

the degree of culpability; and

(E)

such other factors as the Secretary considers to be appropriate.

(3)

Settlement of civil penalties

(4)

Finality of orders

(A)

Final order

(B)

Review

(C)

Interest

(c)

Liability for acts of agents

(d)

Guidelines for civil penalties

(Pub. L. 107–171, title X, § 10414, May 13, 2002, 116 Stat. 504; Pub. L. 110–234, title XI, § 11012(a), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11012(a), June 18, 2008, 122 Stat. 1664, 2122.)

cite as: 7 USC 8313