§ 1034. — Civil penalties and injunctions for violations of section 1033.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1034]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 1034. Civil penalties and injunctions for violations of
section 1033
(a) The Attorney General may bring a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under section 1033 and, upon proof of such
conduct by a preponderance of the evidence, such person shall be subject
to a civil penalty of not more than $50,000 for each violation or the
amount of compensation which the person received or offered for the
prohibited conduct, whichever amount is greater. If the offense has
contributed to the decision of a court of appropriate jurisdiction to
issue an order directing the conservation, rehabilitation, or
liquidation of an insurer, such penalty shall be remitted to the
appropriate regulatory official for the benefit of the policyholders,
claimants, and creditors of such insurer. The imposition of a civil
penalty under this subsection does not preclude any other criminal or
civil statutory, common law, or administrative remedy, which is
available by law to the United States or any other person.
(b) If the Attorney General has reason to believe that a person is
engaged in conduct constituting an offense under section 1033, the
Attorney General may petition an appropriate United States district
court for an order prohibiting that person from engaging in such
conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct constitutes
such an offense. The filing of a petition under this section does not
preclude any other remedy which is available by law to the United States
or any other person.
(Added Pub. L. 103-322, title XXXII, Sec. 320603(a), Sept. 13, 1994, 108
Stat. 2118.)
