§ 216. — Penalties and injunctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC216]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 216. Penalties and injunctions
(a) The punishment for an offense under section 203, 204, 205, 207,
208, or 209 of this title is the following:
(1) Whoever engages in the conduct constituting the offense
shall be imprisoned for not more than one year or fined in the
amount set forth in this title, or both.
(2) Whoever willfully engages in the conduct constituting the
offense shall be imprisoned for not more than five years or fined in
the amount set forth in this title, or both.
(b) 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 203, 204, 205, 207, 208, or 209 of
this title 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. 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.
(c) If the Attorney General has reason to believe that a person is
engaging in conduct constituting an offense under section 203, 204, 205,
207, 208, or 209 of this title, 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. 101-194, title IV, Sec. 407(a), Nov. 30, 1989, 103 Stat.
1753; amended Pub. L. 101-280, Sec. 5(f), May 4, 1990, 104 Stat. 159.)
Prior Provisions
A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695,
Sec. 216, formerly Sec. 221, amended Aug. 21, 1958, Pub. L. 85-699,
title VII, Sec. 702(a)-(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86-168,
title I, Sec. 104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub.
L. 87-849, Sec. 1(d), 76 Stat. 1125, related to receipt or charge of
commissions or gifts for farm loan, land bank, or small business
transactions, prior to repeal by Pub. L. 98-473, title II, Sec. 1107(b),
Oct. 12, 1984, 98 Stat. 2146.
Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694,
which related to procurement of a contract by an officer or Member of
Congress, was repealed by section 1(c) of Pub. L. 87-849.
Amendments
1990--Subsec. (a). Pub. L. 101-280, Sec. 5(f)(1), substituted
``section 203, 204, 205, 207, 208, or 209'' for ``sections 203, 204,
205, 207, 208, and 209''.
Subsec. (b). Pub. L. 101-280, Sec. 5(f)(2), substituted ``section
203, 204, 205, 207, 208, or 209'' for ``sections 203, 204, 205, 207,
208, and 209''.
Section Referred to in Other Sections
This section is referred to in sections 203, 204, 205, 207, 208, 209
of this title.
