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27 U.S.C. § 207Penalties; jurisdiction; compromise of liability

submitted 91 years ago by ch. 814 to r/title-27-INTOXICATING-LIQUORS · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal district courts can hear lawsuits the Attorney General brings to stop violations of this subchapter's rules. Violating certain sections is a misdemeanor punishable by a fine of up to $1,000. The Secretary of the Treasury can also let violators settle by paying a smaller amount instead of going through a criminal case.

This section is one undivided provision covering three things. Jurisdiction: The U.S. District Courts, and the U.S. court for any Territory, have authority to hear a lawsuit the Attorney General brings, in the name of the United States, to stop or prevent violations of this subchapter's rules. The right court is the one where the violation happened or was threatened, or where the offending person lives or has their main place of business. Criminal penalty: Anyone who violates section 203 or 205 of this title is guilty of a misdemeanor and, if convicted, can be fined up to $1,000 for each offense. Compromise authority: The Secretary of the Treasury can let someone settle their liability for a violation of this subchapter instead of facing the criminal penalty above. This can happen in two ways: (1) the person pays up to $500 per offense, which goes to the Treasury as general government revenue, or (2) for someone who violates repeatedly, to avoid many separate criminal cases, the person agrees that a court may enter a consent decree — after 5 days' notice from the United States — permanently ordering them not to repeat the violation.
the actual law source: uscode.house.gov ↗public domain

The District Courts of the United States, and the United States court for any Territory, of the District where the offense is committed or threatened or of which the offender is an inhabitant or has his principal place of business, are vested with jurisdiction of any suit brought by the Attorney General in the name of the United States, to prevent and restrain violations of any of the provisions of this subchapter. Any person violating any of the provisions of section 203 or 205 of this title shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 for each offense. The Secretary of the Treasury is authorized, with respect to any violation of this subchapter, to compromise the liability arising with respect to such violation (1) upon payment of a sum not in excess of $500 for each offense, to be collected by the Secretary and to be paid into the Treasury as miscellaneous receipts, and (2) in case of repetitious violations and in order to avoid multiplicity of criminal proceedings, upon agreement to a stipulation, that the United States may, on its own motion upon five days’ notice to the violator, cause a consent decree to be entered by any court of competent jurisdiction enjoining the repetition of such violation.

Source credit: (Aug. 29, 1935, ch. 814, title I, § 107, formerly § 7, 49 Stat. 985; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1940 Reorg. Plan No. IV, § 2, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; renumbered title I, § 107, and amended Pub. L. 100–690, title VIII, § 8001(a)(1), (2), (b)(2), (4), Nov. 18, 1988, 102 Stat. 4517, 4521.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 29, 1935, ch. 814 · 49 Stat. 985
  • 1936Amended · Act of June 25, 1936, ch. 804 · 49 Stat. 1921
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 991
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 107
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4517, 4521

A history note hasn’t been published yet. The record shows enactment by ch. 814 on 1935-08-29.

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