(a) In general
Whoever violates any provision of law to which this section is
made applicable by subsection (c) of this section shall be subject
to a civil penalty in an amount assessed by the court in a civil
action under this section.
(b) Maximum amount of penalty
The amount of the civil penalty shall not exceed $1,000,000.
(2) Special rule for continuing violations
In the case of a continuing violation, the amount of the civil
penalty may exceed the amount described in paragraph (1) but may
not exceed the lesser of $1,000,000 per day or $5,000,000.
(3) Special rule for violations creating gain or loss
(A) If any person derives pecuniary gain from the violation, or
if the violation results in pecuniary loss to a person other than
the violator, the amount of the civil penalty may exceed the
amounts described in paragraphs (1) and (2) but may not exceed
the amount of such gain or loss.
(B) As used in this paragraph, the term "person" includes the
Bank Insurance Fund, the Savings Association Insurance Fund, and
after the merger of such funds, the Deposit Insurance Fund, and
the National Credit Union Share Insurance Fund.
(c) Violations to which penalty is applicable
This section applies to a violation of, or a conspiracy to
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of
(2) section 287, 1001, 1032,(!1) 1341 or 1343 of title 18
affecting a federally insured financial institution; or
(3) section 645(a) of title 15.
(d) Effective date
This section shall apply to violations occurring on or after
August 10, 1984.
(e) Attorney General to bring action
A civil action to recover a civil penalty under this section
shall be commenced by the Attorney General.
(f) Burden of proof
In a civil action to recover a civil penalty under this section,
the Attorney General must establish the right to recovery by a
preponderance of the evidence.
(g) Administrative subpoenas
(1) In general
For the purpose of conducting a civil investigation in
contemplation of a civil proceeding under this section, the
Attorney General may -
(A) administer oaths and affirmations;
(B) take evidence; and
(C) by subpoena, summon witnesses and require the production
of any books, papers, correspondence, memoranda, or other
records which the Attorney General deems relevant or material
to the inquiry. Such subpoena may require the attendance of
witnesses and the production of any such records from any place
in the United States at any place in the United States
designated by the Attorney General.
(2) Procedures applicable
The same procedures and limitations as are provided with
respect to civil investigative demands in subsections (g), (h),
and (j) of section 1968 of title 18 apply with respect to a
subpoena issued under this subsection. Process required by such
subsections to be served upon the custodian shall be served on
the Attorney General. Failure to comply with an order of the
court to enforce such subpoena shall be punishable as contempt.
In the case of a subpoena for which the return date is less
than 5 days after the date of service, no person shall be found
in contempt for failure to comply by the return date if such
person files a petition under paragraph (2) not later than 5 days
after the date of service.
(h) Statute of limitations
A civil action under this section may not be commenced later than
10 years after the cause of action accrues.