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42 U.S.C. § 14944Enforcement

submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 290 words · no verdicts yet

in plain englishAI-generated · not legal advice

Violating the adoption accreditation rules, lying about a material fact, or bribing someone to affect an adoption decision brings civil fines of $50,000 to $100,000 per violation. The Attorney General can sue to enforce these penalties in federal court. Knowing, willful violations can also mean criminal fines up to $250,000 and up to five years in prison.

(a) Civil penalties. Anyone who (1) violates section 14921 (the accreditation requirement); (2) makes a false or fraudulent statement or misrepresentation about a material fact, or offers, gives, solicits, or accepts a bribe, meant to influence — in the U.S. or a foreign country — (A) an accrediting entity's decision on accreditation or approval, (B) a parent's relinquishment of parental rights or consent to an adoption in a Convention case, or (C) a decision or action by any entity performing a central-authority function; or (3) uses another person as an agent, in the U.S. or abroad, who takes any of the actions in paragraph (1) or (2) — is liable, on top of any other legal penalty, for a civil money penalty of up to $50,000 for a first violation and up to $100,000 for each violation after that. (b) Civil enforcement. (1) Authority of Attorney General. The Attorney General may bring a civil action in any U.S. district court to enforce subsection (a) against any person. (2) Factors to be considered in imposing penalties. In setting the penalty, the court must consider how serious the violation was, how culpable the defendant is, and any history of prior violations. (c) Criminal penalties. Anyone who knowingly and willfully violates paragraph (1) or (2) of subsection (a) can be fined up to $250,000, imprisoned for up to 5 years, or both.
the actual law source: uscode.house.gov ↗public domain
(a) Civil penalties

Any person who—

(1)

violates section 14921 of this title;

(2)

makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—

(A)

a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;

(B)

the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or

(C)

a decision or action of any entity performing a central authority function; or

(3)

engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),

shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation.

(b) Civil enforcement
(1) Authority of Attorney General

The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.

(2) Factors to be considered in imposing penalties

In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.

(c) Criminal penalties

Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.

Source credit: (Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-279 · 114 Stat. 842

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-279 on 2000-10-06.

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