46 USC 31330 - Penalties

U.S Code last checked for updates: May 16, 2024

§ 31330.

Penalties

(a)

(1)

A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—

(A)

with intent to defraud, does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B)

with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or

(C)

with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.

(2)

A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—

(A)

does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B)

incurs a contractual obligation in violation of section 31323(b) of this title; or

(C)

files with the Secretary a mortgage made not in good faith.

(b)

(1)

A person that knowingly violates section 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both.

(2)

A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.

(3)

A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.

(c)

If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.

(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, § 1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, § 913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)

cite as: 46 USC 31330