7 U.S.C. § 1379i : US Code - Section 1379I: Penalties
Search 7 U.S.C. § 1379i : US Code - Section 1379I: Penalties
(a) Forfeitures; amount; civil action
Any person who knowingly violates or attempts to violate or who
knowingly participates or aids in the violation of any of the
provisions of subsection (b) of section 1379d of this title shall
forfeit to the United States a sum equal to two times the face
value of the marketing certificates involved in such violation.
Such forfeiture shall be recoverable in a civil action brought in
the name of the United States.
(b) Misdemeanors; punishment
Any person, except a producer in his capacity as a producer, who
knowingly violates or attempts to violate or who knowingly
participates or aids in the violation of any provision of this
part, or of any regulation, governing the acquisition, disposition,
or handling of marketing certificates or who knowingly fails to
make any report or keep any record as required by section 1379h of
this title shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine of not more than
$5,000 for each violation.
(c) Forfeiture of right to receive certificates; payment of face
value
Any person who, in his capacity as a producer, knowingly violates
or attempts to violate or participates or aids in the violation of
any provision of this part, or of any regulation, governing the
acquisition, disposition, or handling of marketing certificates or
fails to make any report or keep any record as required by section
1379h of this title shall, (i) forfeit any right to received
marketing certificates, in whole or in part as the Secretary may
determine, with respect to the farm or farms and for the marketing
year with respect to which any such act or default is committed, or
(ii), if such marketing certificates have already been issued, pay
to the Secretary, upon demand, the amount of the face value of such
certificates, or such part thereof as the Secretary may determine.
Such determination by the Secretary with respect to the amount of
such marketing certificates to be forfeited or the amount to be
paid by such producer shall take into consideration the
circumstances relating to the act or default committed and the
seriousness of such act or default.
(d) Felonies; punishment
Any person who falsely makes, issues, alters, forges, or
counterfeits any marketing certificate, or with fraudulent intent
possesses, transfers, or uses any such falsely made, issued,
altered, forged, or counterfeited marketing certificate, shall be
deemed guilty of a felony and upon conviction thereof shall be
subject to a fine of not more than $10,000 or imprisonment of not
more than ten years, or both.
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