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12 U.S.C. § 1833a — Civil penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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.
**(b) Maximum amount of penalty**
(1) **Generally** — The amount of the civil penalty shall not exceed $1,000,000.
(2) **Special rule for continuing violations** — 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.
(3) **Special rule for violations creating gain or loss**
(A) 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.
(B) 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.
**(c) Violations to which penalty is applicable** This section applies to a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3) [section 645(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section645/a&num=0&edition=prelim).
**(d) Effective date** This section shall apply to violations occurring on or after August 10, 1984.
**(e) Attorney General to bring action** A civil act
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Source file: Laws/federal/codes/united-states-code/title-12/section-1833a-civil-penalties--b1785c930c.md
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Source location: Title 12, Chapter 16, § 1833a; chapter-016-federal-deposit-insurance-corporation.md
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**(a) In general** 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.
**(b) Maximum amount of penalty**
(1) **Generally** — The amount of the civil penalty shall not exceed $1,000,000.
(2) **Special rule for continuing violations** — 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.
(3) **Special rule for violations creating gain or loss**
(A) 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.
(B) 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.
**(c) Violations to which penalty is applicable** This section applies to a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3) [section 645(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section645/a&num=0&edition=prelim).
**(d) Effective date** This section shall apply to violations occurring on or after August 10, 1984.
**(e) Attorney General to bring action** A civil action to recover a civil penalty under this section shall be commenced by the Attorney General.
**(f) Burden of proof** 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.
**(g) Administrative subpoenas**
(1) **In general** — For the purpose of conducting a civil investigation in contemplation of a civil proceeding under this section, the Attorney General may—
(A) administer oaths and affirmations;
(B) take evidence; and
(C) 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.
(2) **Procedures applicable** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1968&num=0&edition=prelim) 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.
(3) **Limitation** — 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.
**(h) Statute of limitations** A civil action under this section may not be commenced later than 10 years after the cause of action accrues.
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Federal law — U.S. Code and appendices · legal_authorities
Upon duly making and filing articles of association and an organization certificate a national banking association shall become, as from the date of the execution of its organization certificate, a body corporate, and as such, and in the name designated in the organization certificate, it shall have power—
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 24
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Deposit insurance**
(1) **Insured amounts payable**
(A) *In general* — The Corporation shall insure the deposits of all insured depository institutions as provided in this chapter.
(B) *Net amount of insured deposit* — The net amount due to any depositor at an insured depository institution shall not exceed the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E) and (F) and paragraph (3).
(C) *Aggregation of deposits* — For the purpose of determining the net amount due to any depositor under subparagraph (B), the Corporation shall aggregate the amounts of all deposits in the insured depository institution which are maintained by a depositor in the same capacity and the same right for the benefit of the depositor either in the name of the depositor or in the name of any other person, other than any amount in a trust fund described in paragraph (1) or (2) of [section 1817(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1817/i&num=0&edition=prelim) or any funds described in [section 1817(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1817/i/3&num=0&edition=prelim).
(D) *Coverage for certain employee benefit plan deposits*
(i) *Pass-through insurance* — The Corporation shall provide pass-through deposit insurance for the deposits of any employee benefit plan.
(ii) *Prohibition on acceptance of benefit plan deposits* — An insured depository institution that is not well capitalized or adequately capitalized may not accept employee benefit plan deposits.
(iii) *Definitions* — For purposes of this subparagraph, the following definitions shall apply:
(I) *Capital standards* — The terms “well ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.
**(b)** Each such demand shall—
(1) state the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto;
(2) describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified;
(3) state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and
(4) identify the custodian to whom such material shall be made available.
**(c)** No such demand shall—
(1) contain any requirement which would be held to be unreasonable if contained in a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation; or
(2) require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation.
**(d)** Service of any such demand or any petition filed under this section may be made upon a person by—
(1) delivering a duly executed copy thereof to any partner, executive of
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1968
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An appropriate Federal banking agency, with the concurrence of the Attorney General, may pay a reward to a person who provides original information which leads to—
(1) recovery of a criminal fine, restitution, or civil penalty—
(A) under—
(i) this chapter;
(ii) the Federal Credit Union Act [[12 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1751&num=0&edition=prelim) et seq.];
(iii) section 93(b), 164, or 481 to 485 of this title;
(iv) the Federal Reserve Act [[12 U.S.C. 221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section221&num=0&edition=prelim) et seq.];
(v) the Bank Holding Company Act Amendments of 1970;
(vi) the Bank Holding Company Act of 1956 [[12 U.S.C. 1841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841&num=0&edition=prelim) et seq.];
(vii) the Home Owners’ Loan Act [[12 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1461&num=0&edition=prelim) et seq.]; or
(viii) [section 3663 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663&num=0&edition=prelim) pursuant to a conviction for an offense referred to in subparagraph (B) of this paragraph,
(B) pursuant to a conviction for an offense under section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of title 18 affecting a depository institution insured by the Federal Deposit Insurance Corporation, or for a conspiracy to commit such an offense; or
(C) under [section 1833a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim); or
(2) a forfeiture under section 981 or 982 of title 18 that
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1831k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfer of financial records to other agencies or departments; certification** Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.
**(b) Mailing of copy of certification and notice to customer** When financial records subject to this chapter are transferred pursuant to subsection (a), the transferring agency or department shall, within fourteen days, send to the customer a copy of the certification made pursuant to subsection (a) and the following notice, which shall state the nature of the law enforcement inquiry with reasonable specificity: “Copies of, or information contained in, your financial records lawfully in possession of have been furnished to pursuant to the Right of Financial Privacy Act of 1978 [[12 U.S.C. 3401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim) et seq.] for the following purpose: . If you believe that this transfer has not been made to further a legitimate law enforcement inquiry, you may have legal rights under the Financial Privacy Act of 1978 or the Privacy Act of 1974 [[5 U.S.C. 552a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim)].”
**(c) Court-ordered delays in mailing** Notwithstanding subsection (b), notice to the customer may be delayed if the transferring agency or department has obtained a court order delaying n
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person may file a declaration of a violation giving rise to an action for civil penalties under [section 1833a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim) affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States.
**(b) Place of filing** A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by the Attorney General for receiving declarations under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4201
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Federal law — U.S. Code and appendices · legal_authorities
A declaration filed pursuant to [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&num=0&edition=prelim) shall—
(1) set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged;
(2) allege under oath or affirmation specific facts, relating to a particular transaction or transactions, which constitute a prima facie case of a violation giving rise to an action for civil penalties under [section 1833a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim) affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States;
(3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and
(4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4202
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Federal law — U.S. Code and appendices · legal_authorities
It is declared to be the policy of the Congress and the purpose of this chapter to improve and stimulate the national economy in general and the small-business segment thereof in particular by establishing a program to stimulate and supplement the flow of private equity capital and long-term loan funds which small-business concerns need for the sound financing of their business operations and for their growth, expansion, and modernization, and which are not available in adequate supply: Provided, however, That this policy shall be carried out in such manner as to insure the maximum participation of private financing sources.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 661
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A person who is privy to grand jury information—
(1) received in the course of duty as an attorney for the government; or
(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure;
may disclose that information to an attorney for the government for use in enforcing section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 or for use in connection with any civil forfeiture provision of Federal law.
**(b)**
(1) Upon motion of an attorney for the government, a court may direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a Federal or State financial institution regulatory agency—
(A) for use in relation to any matter within the jurisdiction of such regulatory agency; or
(B) to assist an attorney for the government to whom matters have been disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) at any time during or after the completion of the investigation of the grand jury, upon a finding of a substantial need.
**(c)** A person to whom matter has been disclosed under this section shall not use such matter other than for the purpose for which such disclosure was authorized.
**(d)** As used in this section—
(1) the term “banking law violation” means a violation of, or a conspiracy to violate—
(A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, or 1957;
(B) section 1341 or 1343 affecting a financial institution; or
(C) any provision of subchapter II of chapter 53 of title 31, United States Code;
(2) the term “attorney for the government” has the meaning given such term in the Federal Rules of Criminal Procedure; and
(3) the term “grand jury information” means matters
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3322
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Data collection** — The Attorney General shall compile and collect data concerning—
(A) the nature and number of civil and criminal investigations, prosecutions, and related proceedings, and civil enforcement and recovery proceedings, in progress with respect to banking law offenses under sections 981, 1008, 1032, and 3322(d) of title 18 and [section 1833a of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim) and conspiracies to commit any such offense, including inactive investigations of such offenses;
(B) the number of—
(i) investigations, prosecutions, and related proceedings described in subparagraph (A) which are inactive as of the close of the reporting period but have not been closed or declined; and
(ii) unaddressed referrals which allege criminal misconduct involving offenses described in subparagraph (A),
and the reasons such matters are inactive and the referrals unaddressed;
(C) the nature and number of such matters closed, settled, or litigated to conclusion; and
(D) the results achieved, including convictions and pretrial diversions, fines and penalties levied, restitution assessed and collected, and damages recovered, in such matters.
(2) **Analysis and report** — The Attorney General shall analyze and report to the Congress on the data described in paragraph (1) and its coordination and other related activities named in section 41501(c)(2) 11 So in original. Probably should be “41501(c)(3)”. of this title and shall provide such report on the data monthly through December 31, 1991, and quarterly after such date.
**(b) Specifics of report** The report required by subsection (a) shall—
(1) categorize data as to various types of financial in
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 41306
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