§ 1825. — Violations and 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: 15USC1825]
TITLE 15--COMMERCE AND TRADE
CHAPTER 44--PROTECTION OF HORSES
Sec. 1825. Violations and penalties
(a) Criminal acts and penalties
(1) Except as provided in paragraph (2) of this subsection, any
person who knowingly violates section 1824 of this title shall, upon
conviction thereof, be fined not more than $3,000, or imprisoned for not
more than one year, or both.
(2)(A) If any person knowingly violates section 1824 of this title,
after one or more prior convictions of such person for such a violation
have become final, such person shall, upon conviction thereof, be fined
not more than $5,000, or imprisoned for not more than two years, or
both.
(B) Any person who knowingly makes, or causes to be made, a false
entry or statement in any report required under this chapter; who
knowingly makes, or causes to be made, any false entry in any account,
record, or memorandum required to be established and maintained by any
person or in any notification or other information required to be
submitted to the Secretary under section 1823 of this title; who
knowingly neglects or fails to make or cause to be made, full, true, and
correct entries in such accounts, records, memoranda, notification, or
other materials; who knowingly removes any such documentary evidence out
of the jurisdiction of the United States; who knowingly mutilates,
alters, or by any other means falsifies any such documentary evidence;
or who knowingly refuses to submit any such documentary evidence to the
Secretary for inspection and copying shall be guilty of an offense
against the United States, and upon conviction thereof shall be fined
not more than $5,000, or imprisoned for not more than three years, or
both.
(C) Any person who forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person while engaged in or on
account of the performance of his official duties under this chapter
shall be fined not more than $5,000, or imprisoned not more than three
years, or both. Whoever, in the commission of such acts, uses a deadly
or dangerous weapon shall be fined not more than $10,000, or imprisoned
not more than ten years, or both. Whoever kills any person while engaged
in or on account of the performance of his official duties under this
chapter shall be punishable as provided under sections 1111 and 1112 of
title 18.
(b) Civil penalties; review and enforcement
(1) Any person who violates section 1824 of this title shall be
liable to the United States for a civil penalty of not more than $2,000
for each violation. No penalty shall be assessed unless such person is
given notice and opportunity for a hearing before the Secretary with
respect to such violation. The amount of such civil penalty shall be
assessed by the Secretary by written order. In determining the amount of
such penalty, the Secretary shall take into account all factors relevant
to such determination, including the nature, circumstances, extent, and
gravity of the prohibited conduct and, with respect to the person found
to have engaged in such conduct, the degree of culpability, any history
of prior offenses, ability to pay, effect on ability to continue to do
business, and such other matters as justice may require.
(2) Any person against whom a violation is found and a civil penalty
assessed under paragraph (1) of this subsection may obtain review in the
court of appeals of the United States for the circuit in which such
person resides or has his place of business or in the United States
Court of Appeals for the District of Columbia Circuit by filing a notice
of appeal in such court within 30 days from the date of such order and
by simultaneously sending a copy of such notice by certified mail to the
Secretary. The Secretary shall promptly file in such court a certified
copy of the record upon which such violation was found and such penalty
assessed, as provided in section 2112 of title 28. The findings of the
Secretary shall be set aside if found to be unsupported by substantial
evidence.
(3) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court of appeals has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney General,
who shall recover the amount assessed in any appropriate district court
of the United States. In such action, the validity and appropriateness
of the final order imposing the civil penalty shall not be subject to
review.
(4) The Secretary may, in his discretion, compromise, modify, or
remit, with or without conditions, any civil penalty assessed under this
subsection.
(c) Disqualification of offenders; orders; civil penalties applicable;
enforcement procedures
In addition to any fine, imprisonment, or civil penalty authorized
under this section, any person who was convicted under subsection (a) of
this section or who paid a civil penalty assessed under subsection (b)
of this section or is subject to a final order under such subsection
assessing a civil penalty for any violation of any provision of this
chapter or any regulation issued under this chapter may be disqualified
by order of the Secretary, after notice and an opportunity for a hearing
before the Secretary, from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse sale or auction for
a period of not less than one year for the first violation and not less
than five years for any subsequent violation. Any person who knowingly
fails to obey an order of disqualification shall be subject to a civil
penalty of not more than $3,000 for each violation. Any horse show,
horse exhibition, or horse sale or auction, or the management thereof,
collectively and severally, which knowingly allows any person who is
under an order of disqualification to show or exhibit any horse, to
enter for the purpose of showing or exhibiting any horse, to take part
in managing or judging, or otherwise to participate in any horse show,
horse exhibition, or horse sale or auction in violation of an order
shall be subject to a civil penalty of not more than $3,000 for each
violation. The provisions of subsection (b) of this section respecting
the assessment, review, collection, and compromise, modification, and
remission of a civil penalty apply with respect to civil penalties under
this subsection.
(d) Production of witnesses and books, papers, and documents;
depositions; fees; presumptions; jurisdiction
(1) The Secretary may require by subpena the attendance and
testimony of witnesses and the production of books, papers, and
documents relating to any matter under investigation or the subject of a
proceeding. Witnesses summoned before the Secretary shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States.
(2) The attendance of witnesses, and the production of books,
papers, and documents, may be required at any designated place from any
place in the United States. In case of disobedience to a subpena the
Secretary, or any party to a proceeding before the Secretary, may invoke
the aid of any appropriate district court of the United States in
requiring attendance and testimony of witnesses and the production of
such books, papers, and documents under the provisions of this chapter.
(3) The Secretary may order testimony to be taken by deposition
under oath in any proceeding or investigation pending before him, at any
stage of the proceeding or investigation. Depositions may be taken
before any person designated by the Secretary who has power to
administer oaths. The Secretary may also require the production of
books, papers, and documents at the taking of depositions.
(4) Witnesses whose depositions are taken and the persons taking
them shall be entitled to the same fees as paid for like services in the
courts of the United States or in other jurisdictions in which they may
appear.
(5) In any civil or criminal action to enforce this chapter or any
regulation under this chapter a horse shall be presumed to be a horse
which is sore if it manifests abnormal sensitivity or inflammation in
both of its forelimbs or both of its hindlimbs.
(6) The United States district courts, the District Court of Guam,
the District Court of the Virgin Islands, the highest court of American
Samoa, and the United States courts of the other territories, are vested
with jurisdiction specifically to enforce, and to prevent and restrain
violations of this chapter, and shall have jurisdiction in all other
kinds of cases arising under this chapter, except as provided in
subsection (b) of this section.
(e) Detention of horses; seizure and condemnation of equipment
(1) The Secretary may detain (for a period not to exceed twenty-four
hours) for examination, testing, or the taking of evidence, any horse at
any horse show, horse exhibition, or horse sale or auction which is sore
or which the Secretary has probable cause to believe is sore. The
Secretary may require the temporary marking of any horse during the
period of its detention for the purpose of identifying the horse as
detained. A horse which is detained subject to this paragraph shall not
be moved by any person from the place it is so detained except as
authorized by the Secretary or until the expiration of the detention
period applicable to the horse.
(2) Any equipment, device, paraphernalia, or substance which was
used in violation of any provision of this chapter or any regulation
issued under this chapter or which contributed to the soring of any
horse at or prior to any horse show, horse exhibition, or horse sale or
auction, shall be liable to be proceeded against, by process of libel
for the seizure and condemnation of such equipment, device,
paraphernalia, or substance, in any United States district court within
the jurisdiction of which such equipment, device, paraphernalia, or
substance is found. Such proceedings shall conform as nearly as possible
to proceedings in rem in admiralty.
(Pub. L. 91-540, Sec. 6, Dec. 9, 1970, 84 Stat. 1406; Pub. L. 94-360,
Sec. 7, July 13, 1976, 90 Stat. 918.)
Amendments
1976--Subsec. (a). Pub. L. 94-360 substituted provisions increasing
the maximum amount of fine that can be imposed and the maximum length of
imprisonment that can be ordered for knowingly performing enumerated
activities prohibited under this chapter, for provisions authorizing a
maximum civil penalty of $1,000 for each unintentional violation of this
chapter, requiring notice to an alleged violator prior to assessment of
any penalty and authorizing the institution of civil actions by the
Attorney General to enforce such penalties.
Subsec. (b). Pub. L. 94-360 substituted provisions relating to
imposition of civil penalties up to $2,000, criteria for imposition of
particular amounts, and procedures for review and enforcement of civil
penalties, for provisions authorizing fines up to $2,000 and/or
imprisonment up to six months for intentional violations of provisions
of this chapter or any regulation issued thereunder.
Subsecs. (c) to (e). Pub. L. 94-360 added subsecs. (c) to (e).
