45 U.S.C. § 359 — Penalties

submitted 88 years ago by ch. 680 to r/title-45-RAILROADS · 366 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section punishes people who willfully withhold required reports, or who knowingly file false claims or statements, with a fine up to $10,000 or a year in prison, or both. Making an employee pay the employer's share of contributions is also illegal and carries the same penalty. Fines go to the U.S. Treasury.

(a) Failing to report, or false statements: Any employer's officer or agent, any employee representative, any employee acting for themselves, or anyone else, who willfully fails or refuses to file a report or give information the Board requires under this chapter — or who knowingly makes, helps make, or causes a false or fraudulent statement or report when one is required — or who knowingly makes, helps make, or causes a false or fraudulent statement or claim to get benefits paid (or stopped) under this chapter — can be fined up to $10,000, imprisoned up to one year, or both. (b) Making an employee pay the employer's share: Any agreement where an employee agrees to pay all or part of their employer's required contribution is void. It's illegal for an employer, or its officer or agent, to make an employee pay, require an employee to pay, or even let an employee pay any part of that contribution. Violating this rule is punished, for each violation, by a fine up to $10,000, imprisonment up to one year, or both. (c) Other violations: Anyone who violates any other provision of this chapter that doesn't have its own specific punishment can be fined up to $1,000, imprisoned up to one year, or both, for each violation. (d) Where fines go: Every fine or penalty a court imposes under this chapter is paid to the court, then sent on by court order to the U.S. Treasury, credited to the account.

the actual law source: uscode.house.gov ↗public domain

(a) Failure to make report or furnish information; false or fraudulent statement or claim

Any officer or agent of an employer, or any employee representative, or any employee acting in his own behalf, or any person whether or not of the character hereinbefore defined, who shall willfully fail or refuse to make any report or furnish any information required by the Board in the administration of this chapter, or who shall knowingly make or aid in making or cause to be made any false or fraudulent statement or report when a statement or report is required to be made for the purposes of this chapter, or who shall knowingly make or aid in making or cause to be made any false or fraudulent statement or claim for the purpose of causing benefits or other payment to be made or not to be made under this chapter, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.

(b) Agreement by employee to bear employer’s contribution

Any agreement by an employee to pay all or any portion of the contribution required of his employer under this chapter shall be void, and it shall be unlawful for any employer, or officer or agent of an employer, to make, require, or permit any employee to bear all or any portion of such contribution. Any employer, or officer or agent of an employer, who violates any provision of this subsection shall be punished for each such violation by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.

Any person who violates any provision of this chapter, the punishment for which is not otherwise provided, shall be punished for each such violation by a fine of not more than $1,000 or by imprisonment not exceeding one year, or both.

(d) Payment and disposition of fines or penalties

All fines and penalties imposed by a court pursuant to this chapter shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the account.

Source credit: (June 25, 1938, ch. 680, § 9, 52 Stat. 1103.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 25, 1938, ch. 680 · 52 Stat. 1103

A history note hasn’t been published yet. The record shows enactment by ch. 680 on 1938-06-25.

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