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U.S. Code as of:
01/19/04
Section 2437. Civil penalties
(a) Assessment of penalties
(1) Any person who is found by the Secretary of Commerce, after
notice and opportunity for a hearing in accordance with subsection
(b) of this section, to have committed any act prohibited by
section 2435 of this title shall be liable to the United States for
a civil penalty. The amount of the civil penalty shall not exceed
$5,000 for each violation unless the prohibited act was knowingly
committed, in which case the amount of the civil penalty shall not
exceed $10,000 for each violation. Each day of a continuing
violation shall constitute a separate violation for purposes of
this subsection. The amount of any civil penalty shall be assessed
by the Secretary of Commerce by written notice. In determining the
amount of such penalty, the Secretary of Commerce shall take into
account the nature, circumstances, extent, and gravity of the
prohibited acts committed, and, with respect to the person
committing the violation, the degree of culpability, any history of
prior offenses, ability to pay, and such other matters as justice
may require, to the extent that such information is reasonably
available to the Secretary.
(2) The Secretary of Commerce may compromise, modify, or remit,
with or without conditions, any civil penalty which is subject to
imposition or which has been imposed under this section, until such
time as the matter is referred to the Attorney General under
subsection (c) of this section.
(b) Hearings
Hearings for the assessment of civil penalties under subsection
(a) of this section shall be conducted in accordance with section
554 of title 5. For the purposes of conducting any such hearing,
the Secretary of Commerce may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant papers,
books, and documents, and may administer oaths. Witnesses summoned
shall be paid the same fees and mileage that are paid to witnesses
in the courts of the United States. In case of contumacy or refusal
to obey a subpoena served upon any person pursuant to this
subsection, the district court of the United States for any
district in which such person is found, resides, or transacts
business, upon application by the Attorney General of the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the Secretary of Commerce or to appear and produce documents
before the Secretary of Commerce, or both, and any failure to obey
such order of the court may be punished by such court as a contempt
thereof.
(c) Review of civil penalty
Any person against whom a civil penalty is assessed under
subsection (a) of this section may obtain review thereof in the
appropriate district court of the United States 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 of Commerce, the Attorney General, and the
appropriate United States Attorney. The Secretary of Commerce shall
promptly refer the matter to the Attorney General of the United
States, who shall file in such court a certified copy of the record
upon which the violation was found or such penalty imposed, as
provided in section 2112 of title 28. The court shall set aside the
findings and order of the Secretary if the findings and order are
found to be unsupported by substantial evidence, as provided in
section 706(2)(E) of title 5.
(d) Recovery of civil penalties
The Attorney General of the United States may seek to recover in
any appropriate district court of the United States (1) any civil
penalty imposed under this section that has become a final and
unappealable order and has been referred to the Attorney General by
the Secretary of Commerce or (2) any final judgment rendered under
this section in favor of the United States by an appropriate Court.
(e) Penalties under other laws
The assessment of a civil penalty under subsection (a) of this
section for any act shall not be deemed to preclude the assessment
of a civil penalty for such act under any other law.
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