§ 1833a. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1833a]
TITLE 12--BANKS AND BANKING
CHAPTER 16--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 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 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
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\1\ See 1990 Amendment note below.
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(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.
(Pub. L. 101-73, title IX, Sec. 951, Aug. 9, 1989, 103 Stat. 498; Pub.
L. 101-647, title XXV, Secs. 2533, 2596(d), Nov. 29, 1990, 104 Stat.
4882, 4908; Pub. L. 103-322, title XXXIII, Sec. 330003(g), Sept. 13,
1994, 108 Stat. 2141; Pub. L. 104-208, div. A, title II,
Sec. 2704(d)(15)(A), Sept. 30, 1996, 110 Stat. 3009-494; Pub. L. 107-
100, Sec. 4(b), Dec. 21, 2001, 115 Stat. 966.)
Codification
Section was enacted as part of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, and not as part of the Federal
Deposit Insurance Act which comprises this chapter.
Amendments
2001--Subsec. (c). Pub. L. 107-100, Sec. 4(b)(2)(D), designated
concluding provisions as (d) and inserted heading.
Subsec. (c)(2). Pub. L. 107-100, Sec. 4(b)(2)(B)(i), which directed
the substitution of ``1341'' for ``1341;'', could not be executed
because par. (2) does not contain a semicolon after ``1341''.
Subsec. (c)(3). Pub. L. 107-100, Sec. 4(b)(2)(A), (B)(ii), (C),
added par. (3).
Subsec. (d) to (h). Pub. L. 107-100, Sec. 4(b)(1), (2)(D),
designated concluding provisions of subsec. (c) as (d), inserted
heading, and redesignated former subsecs. (d) to (g) as (e) to (h),
respectively.
1996--Subsec. (b)(3)(B). Pub. L. 104-208, which directed
substitution of ``Deposit Insurance Fund'' for ``Bank Insurance Fund,
the Savings Association Insurance Fund,'', was not executed. See
Effective Date of 1996 Amendment note below.
1994--Subsec. (c). Pub. L. 103-322 amended directory language of
Pub. L. 101-647, Sec. 2596(d). See 1990 Amendment note below.
1990--Subsec. (c). Pub. L. 101-647, Sec. 2596(d)(2), as amended by
Pub. L. 103-322, inserted at end a flush sentence ``This section shall
apply to violations occurring on or after August 10, 1984.''
Subsec. (c)(2). Pub. L. 101-647, Sec. 2596(d)(1), as amended by Pub.
L. 103-322, which directed insertion of ``287, 1001, 1032,'' before
``1341;'', was executed by making the insertion before ``1341 or 1343''
to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 101-647, Sec. 2533, added subsec. (g).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 effective Jan. 1, 1999, if no insured
depository institution is a savings association on that date, see
section 2704(c) of Pub. L. 104-208, set out as a note under section 1821
of this title.
Effective Date of 1994 Amendment
Section 330003(g) of Pub. L. 103-322 provided that the amendment
made by that section is effective retroactively to the date of enactment
of Pub. L. 101-647, which was approved Nov. 29, 1990.
Section Referred to in Other Sections
This section is referred to in sections 1831k, 3412, 4201, 4202,
4204 of this title; title 18 section 3322.
