12 U.S.C. § 1833a : US Code - Section 1833A: Civil penalties

Search 12 U.S.C. § 1833a : US Code - Section 1833A: Civil penalties

    (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
      (1) Generally
        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
    violate - 
        (1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of
      title 18;
        (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.
      (3) Limitation
        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.