18 U.S.C. § 217 — Acceptance of consideration for adjustment

Page 83 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 218 court against any person who engages in con- duct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each viola- tion or the amount of compensation which the person received or offered for the prohibited con- duct, whichever amount is greater. The imposi- tion of a civil penalty under this subsection does not preclude any other criminal or civil statu- tory, common law, or administrative remedy, which is available by law to the United States or any other person. (c) If the Attorney General has reason to be- lieve that a person is engaging in conduct con- stituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States dis- trict court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from en- gaging in such conduct if the court finds that the conduct constitutes such an offense. The fil- ing of a petition under this section does not pre- clude any other remedy which is available by law to the United States or any other person. (Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101–280, § 5(f), May 4, 1990, 104 Stat. 159.) Editorial Notes PRIOR PROVISIONS A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, § 216, formerly § 221, amended Aug. 21, 1958, Pub. L. 85–699, title VII, § 702(a)–(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86–168, title I, § 104(h), 73 Stat. 387, and renum- bered Oct. 23, 1962, Pub. L. 87–849, § 1(d), 76 Stat. 1125, re- lated to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, prior to repeal by Pub. L. 98–473, title II, § 1107(b), Oct. 12, 1984, 98 Stat. 2146. Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87–849. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–280, § 5(f)(1), substituted ‘‘section 203, 204, 205, 207, 208, or 209’’ for ‘‘sections 203, 204, 205, 207, 208, and 209’’. Subsec. (b). Pub. L. 101–280, § 5(f)(2), substituted ‘‘sec- tion 203, 204, 205, 207, 208, or 209’’ for ‘‘sections 203, 204, 205, 207, 208, and 209’’. § 217. Acceptance of consideration for adjustment of farm indebtedness Whoever, being an officer or employee of, or person acting for the United States or any agen- cy thereof, accepts any fee, commission, gift, or other consideration in connection with the com- promise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 696, § 217, formerly § 222; renumbered § 217, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 1150c(b) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, § 4(b), 58 Stat. 837). Words ‘‘upon conviction thereof’’ were omitted as surplusage, since punishment cannot be imposed until after conviction. Other changes were made in phraseology without change of substance. Editorial Notes PRIOR PROVISIONS A prior section 217 was renumbered section 212 of this title and subsequently repealed. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 218. Voiding transactions in violation of chap- ter; recovery by the United States In addition to any other remedies provided by law the President or, under regulations pre- scribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privi- lege, benefit, certificate, ruling, decision, opin- ion, or rate schedule awarded, granted, paid, fur- nished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or offi- cer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any viola- tion of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof. (Added Pub. L. 87–849, § 1(e), Oct. 23, 1962, 76 Stat. 1125.) Editorial Notes PRIOR PROVISIONS A prior section 218 was renumbered section 213 of this title and subsequently repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see sec- tion 4 of Pub. L. 87–849, set out as a note under section 201 of this title. Executive Documents EX. ORD. NO. 12448. EXERCISE OF AUTHORITY Ex. Ord. No. 12448, Nov. 4, 1983, 48 F.R. 51281, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 218 of title 18 of the United States Code, and in order to provide federal agencies with the authority to promulgate regulations for void- ing or rescinding contracts or other benefits obtained through bribery, graft or conflict of interest, it is here- by ordered as follows: SECTION 1. The head of each Executive department, Military department and Executive agency is hereby delegated the authority vested in the President to de- clare void and rescind the transactions set forth in sec-