18 U.S.C. § 216 — Penalties and injunctions

submitted 37 years ago by Pub. L. 101-194 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 309 words · no verdicts yet

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People who violate the conflict-of-interest rules in sections 203 through 209 can be fined and imprisoned. Willful violations bring up to five years in prison; other violations bring up to one year. The Attorney General can also sue for civil penalties or ask a court to block ongoing violations.

(a) Punishment: (1) Anyone who engages in the conduct that violates section 203, 204, 205, 207, 208, or 209 can be imprisoned up to one year or fined the amount set elsewhere in this title, or both. (2) Anyone who willfully engages in that conduct can be imprisoned up to five years or fined, or both. (b) Civil penalty: The Attorney General can bring a civil lawsuit in the appropriate U.S. district court against anyone who engages in conduct violating section 203, 204, 205, 207, 208, or 209. If the government proves that conduct by a preponderance of the evidence — meaning "more likely true than not" — the person can face a civil penalty of up to $50,000 per violation, or the amount of compensation the person received or was offered for the prohibited conduct, whichever is greater. Imposing this civil penalty doesn't stop anyone from also using any other criminal, civil, common-law, or administrative remedy available under the law. (c) Injunctions: If the Attorney General has reason to believe someone is engaging in conduct that violates section 203, 204, 205, 207, 208, or 209, the Attorney General can ask an appropriate U.S. district court for an order prohibiting that person from continuing the conduct. The court can issue that order if it finds the conduct really does violate one of these sections. Filing this kind of petition doesn't stop anyone from also using any other remedy available under the law.

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

(a)

The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following:

(1)

Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both.

(2)

Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both.

(b)

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 203, 204, 205, 207, 208, or 209 of this title 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. 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.

(c)

If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, 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.

Source credit: (Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101–280, § 5(f), May 4, 1990, 104 Stat. 159.)

history & why it existsrecord from the source credit

1989Enacted · Pub. L. 101-194 · 103 Stat. 1753
1990Amended · Pub. L. 101-280 · 104 Stat. 159

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-194 on 1989-11-30.

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