Federal · Title 12 — Banks and Banking

12 U.S.C. § 1833a: Civil penalties

Civil

What this law says, in plain English

This statute establishes civil penalties—not criminal punishment—for violations of specified federal laws related to financial institutions. The court may assess penalties up to $1,000,000, or higher amounts based on continuing violations or financial gain/loss.

Read the full statutory text
Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. The amount of the civil penalty shall not exceed $1,000,000. In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000. If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss. As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund. section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18; section 287, 1001, 1032, 1 1341 or 1343 of title 18 affecting a federally insured financial institution; or 1 See 1990 Amendment note below. section 645(a) of title 15 . This section shall apply to violations occurring on or after August 10, 1984 . A civil action to recover a civil penalty under this section shall be commenced by the Attorney General. In a civil action to recover a civil penalty under this section, the Attorney General must establish the right to recovery by a preponderance of the evidence. administer oaths and affirmations; take evidence; and by subpoena, summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry. Such subpoena may require the attendance of witnesses and the production of any such records from any place in the United States at any place in the United States designated by the Attorney General. The same procedures and limitations as are provided with respect to civil investigative demands in subsections (g), (h), and (j) of section 1968 of title 18 apply with respect to a subpoena issued under this subsection. Process required by such subsections to be served upon the custodian shall be served on the Attorney General. Failure to comply with an order of the court to enforce such subpoena shall be punishable as contempt. In the case of a subpoena for which the return date is less than 5 days after the date of service, no person shall be found in contempt for failure to comply by the return date if such person files a petition under paragraph (2) not later than 5 days after the date of service. A civil action under this section may not be commenced later than 10 years after the cause of action accrues.

Verify at the official source: Federal legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.