46 U.S.C. § 31330 — Penalties
submitted 38 years ago by Pub. L. 100-710 to r/title-46-SHIPPING · 260 words · no verdicts yet
This section sets criminal and civil penalties for certain fraudulent mortgage conduct and violations involving court-ordered vessel sales. Vessels and equipment may also be forfeited.
(a)(1) A mortgagor may be fined under title 18, imprisoned up to 2 years, or both, for intentionally defrauding by failing to disclose an obligation required by section 31323(a), incurring a prohibited contractual obligation under section 31323(b), or filing a mortgage to hinder or defraud an existing or future creditor or lienor. (2) The mortgagor also owes the Government a civil penalty up to $10,000 for failing to disclose, incurring the prohibited obligation, or filing a mortgage not in good faith. (b)(1) A person who knowingly violates section 31329 may receive a title 18 fine, up to 3 years’ imprisonment, or both. (2) The person also owes a civil penalty up to $25,000. (3) The vessel* and equipment involved may be seized and forfeited to the Government. (c) If a nonindividual violates this section, its president or chief executive is also subject to the penalty.
A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—
with intent to defraud, does not disclose an obligation on a vessel* as required by section 31323(a) of this title;
with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or
with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.
A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—
does not disclose an obligation on a vessel as required by section 31323(a) of this title;
incurs a contractual obligation in violation of section 31323(b) of this title; or
files with the Secretary a mortgage made not in good faith.
A person that knowingly violates section 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both.
A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.
A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.
If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.
Source credit: (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, § 1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, § 913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)
- 1988Enacted · Pub. L. 100-710 · 102 Stat. 4747
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3970
- 2010Amended · Pub. L. 111-281 · 124 Stat. 3017
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-710 on 1988-11-23.
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