15 USC 3414 - Enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 3414.

Enforcement

(a)

General rule

(b)

Civil enforcement

(1)

In general

(2)

Enforcement of emergency orders

(3)

Repealed. Pub. L. 101–60, § 3(a)(4)(B), July 26, 1989, 103 Stat. 158

(4)

Relief available

(5)

Criminal referral

(6)

Civil penalties

(A)

In general

Any person who knowingly violates any provision of this chapter, or any provision of any rule or order under this chapter, shall be subject to—

(i)

except as provided in clause (ii) a civil penalty, which the Commission may assess, of not more than $1,000,000 for any one violation; and

(ii)

a civil penalty, which the President may assess, of not more than $1,000,000, in the case of any violation of an order under section 3362 of this title or an order or supplemental order under section 3363 of this title.

(B)

“Knowing” defined

For purposes of subparagraph (A) the term “knowing” means the having of—

(i)

actual knowledge; or

(ii)

the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.

(C)

Each day separate violation

(D)

Statute of limitations

(E)

Assessed by Commission

(F)

Judicial review

(c)

Criminal penalties

(1)

Violations of chapter

Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any provision of this chapter shall be subject to—

(A)

a fine of not more than $1,000,000; or

(B)

imprisonment for not more than 5 years; or

(C)

both such fine and such imprisonment.

(2)

Violation of rules or orders generally

(3)

Violations of emergency orders

(4)

Each day separate violation

(5)

“Knowingly” defined

For purposes of this subsection, the term “knowingly”, when used with respect to any act or omission by any person, means such person—

(A)

had actual knowledge; or

(B)

had constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.

(Pub. L. 95–621, title V, § 504, Nov. 9, 1978, 92 Stat. 3401; Pub. L. 101–60, § 3(a)(4), (b)(6), July 26, 1989, 103 Stat. 158, 159; Pub. L. 109–58, title III, § 314(a)(2), (b)(2), Aug. 8, 2005, 119 Stat. 690, 691.)

cite as: 15 USC 3414