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15 U.S.C. § 6823 — Criminal penalty

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6823 — Criminal penalty

**(a) In general** Whoever knowingly and intentionally violates, or knowingly and intentionally attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. **(b) Enhanced penalty for aggravated cases** Whoever violates, or attempts to violate, [section 6821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6821&num=0&edition=prelim) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 10 years, or both.

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Source file: Laws/federal/codes/united-states-code/title-15/section-6823-criminal-penalty--2880cc9c31.md
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Source location: Title 15, Chapter 94, § 6823; chapter-094-privacy.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3571 — Sentence of fine

**(a) In General.—** A defendant who has been found guilty of an offense may be sentenced to pay a fine. **(b) Fines for Individuals.—** Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. **(c) Fines for Organizations.—** Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and (7) for an infraction, not more than $10,000. **(d) Alternative Fine Based on Gain or Loss.—** If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing pr

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6821 — Privacy protection for customer information of financial institutions

**(a) Prohibition on obtaining customer information by false pretenses** It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person— (1) by making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution; (2) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or (3) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. **(b) Prohibition on solicitation of a person to obtain customer information from financial institution under false pretenses** It shall be a violation of this subchapter to request a person to obtain customer information of a financial institution, knowing that the person will obtain, or attempt to obtain, the information from the institution in any manner described in subsection (a). **(c) Nonapplicability to law enforcement agencies** No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. **(d) Nonapplicability to financial institutions in certain cases** No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institution, from

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1028A — Aggravated identity theft

**(a) Offenses.—** (1) **In general.—** — Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. (2) **Terrorism offense.—** — Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. **(b) Consecutive Sentence.—** Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; (3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part,

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6823 — Criminal penalty

Page 2298 TITLE 15—COMMERCE AND TRADE § 6822 (f) Nonapplicability to certain types of customer information of financial institutions No provision of this section shall be construed so as to prevent any person from obtaining cus- tomer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 78c(a)(47) of this title). (g) Nonapplicability to collection of child sup- port judgments No provision of this section shall be construed to prevent any State-licensed private investi- gator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the ex- tent reasonably necessary to collect child sup- port from a person adjudged to have been delin- quent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent juris- diction. (Pub. L. 106–102, title V, § 521, Nov. 12, 1999, 113 Stat. 1446.) § 6822. Administrative enforcement (a) Enforcement by Federal Trade Commission Except as provided in subsection (b), compli- ance with this subchapter shall be enforced by the Federal Trade Commission in the same man- ner and with the same power and authority as the Commission has under the Fair Debt Collec- tion Practices Act [15 U.S.C. 1692 et seq.] to en- force compliance with such Act. (b) Enforcement by other agencies in certain cases (1) In general Compliance with this subchapter shall be en- forced under— (A) section 8 of the Federal Deposit Insur- ance Act [12 U.S.C. 1818], in the case of

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