ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

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

in plain englishAI-generated · not legal advice

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.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—

(A)

with intent to defraud, does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B)

with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or

(C)

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.

(2)

A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—

(A)

does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B)

incurs a contractual obligation in violation of section 31323(b) of this title; or

(C)

files with the Secretary a mortgage made not in good faith.

(b)
(1)

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.

(2)

A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.

(3)

A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.

(c)

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.)

history & why it existsrecord from the source credit
  • 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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case