47 U.S.C. § 504 : US Code - Section 504: Forfeitures

Search 47 U.S.C. § 504 : US Code - Section 504: Forfeitures

(a) Recovery
The forfeitures provided for in this chapter shall be payable
into the Treasury of the United States, and shall be recoverable,
except as otherwise provided with respect to a forfeiture penalty
determined under section 503(b)(3) of this title, in a civil suit
in the name of the United States brought in the district where the
person or carrier has its principal operating office or in any
district through which the line or system of the carrier runs:
Provided, That any suit for the recovery of a forfeiture imposed
pursuant to the provisions of this chapter shall be a trial de
novo: Provided further, That in the case of forfeiture by a ship,
said forfeiture may also be recoverable by way of libel in any
district in which such ship shall arrive or depart. Such
forfeitures shall be in addition to any other general or specific
penalties provided in this chapter. It shall be the duty of the
various United States attorneys, under the direction of the
Attorney General of the United States, to prosecute for the
recovery of forfeitures under this chapter. The costs and expenses
of such prosecutions shall be paid from the appropriation for the
expenses of the courts of the United States.
(b) Remission and mitigation
The forfeitures imposed by subchapter II of this chapter, parts
II and III of subchapter III of this chapter, and sections 503(b)
and 507 of this title shall be subject to remission or mitigation
by the Commission under such regulations and methods of
ascertaining the facts as may seem to it advisable, and, if suit
has been instituted, the Attorney General, upon request of the
Commission, shall direct the discontinuance of any prosecution to
recover such forfeitures: Provided, however, That no forfeiture
shall be remitted or mitigated after determination by a court of
competent jurisdiction.
(c) Use of notice of apparent liability
In any case where the Commission issues a notice of apparent
liability looking toward the imposition of a forfeiture under this
chapter, that fact shall not be used, in any other proceeding
before the Commission, to the prejudice of the person to whom such
notice was issued, unless (i) the forfeiture has been paid, or (ii)
a court of competent jurisdiction has ordered payment of such
forfeiture, and such order has become final.