View all text of Subchapter II [§ 7731 - § 7736]
§ 7734. Penalties for violation
(a) Criminal penalties
(1) Offenses
(A) In general
(B) Movement
(2) Multiple violations
(b) Civil penalties
(1) In general
Any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of—
(A) $50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain), $250,000 in the case of any other person for each violation, $500,000 for all violations adjudicated in a single proceeding if the violations do not include a willful violation, and $1,000,000 for all violations adjudicated in a single proceeding if the violations include a willful violation; or
(B) twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this chapter that results in the person deriving pecuniary gain or causing pecuniary loss to another.
(2) Factors in determining civil penalty
In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator—
(A) ability to pay;
(B) effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) any other factors the Secretary considers appropriate.
(3) Settlement of civil penalties
(4) Finality of orders
(c) Liability for acts of an agent
(d) Guidelines for civil penalties
(Pub. L. 106–224, title IV, § 424, June 20, 2000, 114 Stat. 450; Pub. L. 107–171, title X, § 10810, May 13, 2002, 116 Stat. 531; Pub. L. 110–234, title X, § 10203(d), May 22, 2008, 122 Stat. 1343; Pub. L. 110–246, § 4(a), title X, § 10203(d), June 18, 2008, 122 Stat. 1664, 2105.)