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U.S. Code as of:
01/19/04
Section 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.
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