12 U.S.C. § 1833a - U.S. Code - Unannotated Title 12. Banks and Banking § 1833a. Civil penalties




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.

Maximum amount of penalty

Generally

The amount of the civil penalty shall not exceed $1,000,000.

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.

Special rule for violations creating gain or loss

 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.

 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.

Violations to which penalty is applicable

This section applies to a violation of, or a conspiracy to violate--

section 287 , 1001 , 1032 , 1341 or 1343 of Title 18 affecting a federally insured financial institution;  or

Effective date

This section shall apply to violations occurring on or after August 10, 1984.

Attorney General to bring action

A civil action to recover a civil penalty under this section shall be commenced by the Attorney General.

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.

Administrative subpoenas

In general

For the purpose of conducting a civil investigation in contemplation of a civil proceeding under this section, the Attorney General may--

 administer oaths and affirmations;

 take evidence;  and

 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.

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.

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.

Statute of limitations

A civil action under this section may not be commenced later than 10 years after the cause of action accrues.





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