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S. 1274IntroducedSenate · nowHousePresidentLawIn committee
Sec. 4 · S. 1274

Enforcement provisions

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(a) Unlawful acts It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any prohibition of, or any waiver, license, order, or regulation issued pursuant to this Act. (b) Civil penalty (1) In general The Secretary may impose a civil penalty on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (A) $250,000,000; and (B) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. (2) Notice and opportunity for hearing A civil penalty under paragraph (1) may be imposed by the Secretary by an order made on the record after providing written notice to the person to be assessed the civil penalty and an opportunity for a hearing in accordance with this section and sections 554 through 557 of title 5, United States Code. (3) Civil action If a person described in paragraph (1) fails to pay a civil penalty imposed by the Secretary under this subsection after receiving notice and an opportunity for a hearing under paragraph (2), the Secretary may bring a civil action against that person in an appropriate district court of the United States. (4) Relief If a civil action brought by the Secretary under paragraph (3) is successful, the applicable court may grant appropriate relief, including— (A) a temporary injunction; (B) a permanent injunction; and (C) enforcing the civil penalties described in paragraph (1). (c) Criminal penalty A person who knowingly commits, knowingly attempts to commit, or knowingly conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall be fined not more than $100,000,000, imprisoned for not more than 20 years, or both.

Sec. 4: Enforcement provisions · Public Law Tracker