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49 U.S.C. § 14902Civil penalty for accepting rebates from carrier

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 196 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone ships property through a carrier and knowingly takes a rebate or kickback against the tariff rate, they owe the government three times what they received. Courts can look back 6 years of rebates when calculating the total penalty, and if they do, the penalty is three times that whole 6-year total.

This section applies to a person who (1) either delivers property to a carrier for transportation, or has property transported for them as consignor or consignee, moving between a State, territory, or possession of the United States and another State, possession, territory, or a foreign country, and (2) knowingly accepts or receives, by any means, a rebate or offset against the shipping rate listed in the tariff required under section 13702 of this title. That person is liable to the United States for a civil penalty equal to 3 times the money they accepted or received as a rebate or offset, plus 3 times the value of any other consideration they accepted or received that way. In a civil action under this section, all the money or other consideration the person received as rebates over the 6 years before the action was brought may be included when calculating the penalty. If that full 6-year total is included, the penalty becomes 3 times that entire total amount.
the actual law source: uscode.house.gov ↗public domain

A person

(1)

delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for transportation under this part or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country; and

(2)

knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff required under section 13702;

is liable to the United States for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 915.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 915

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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