Page:United States Statutes at Large Volume 103 Part 1.djvu/358

 103 STAT. 330 PUBLIC LAW 101-73—AUG. 9, 1989 shall be fined not more than $100,000 per day for each day during which the violation continues, "(B) Any individual who knowingly violates any provision of this section shall be fined not more than $100,000 per day for each day during which the violation continues, imprisoned not more than 1 year, or both. "(C) Whoever knowingly violates any provision of this section with intent to deceive, to defraud, or to profit significantly shall be fined not more than $1,000,000 per day for each day during which the violation continues, imprisoned not more than 5 years, or both. "(2) FALSE ENTRIES.— Every director, officer, partner, trustee, agent, or employee of a savings and loan holding company shall be subject to the same penalties for false entries in any book, report, or statement of such savings and loan holding company as are applicable to officers, agents, and employees of a savings association the accounts of which are insured by the Corpora- tion for false entries in any books, reports, or statements of such association under section 1006 of title 18, United States Code. " (3) CIVIL MONEY PENALTY. — "(A) PENALTY.— Any company which violates, and any person who participates in a violation of, any provision of this section, or any regulation or order issued pursuant thereto, shall forfeit and pay a civil penalty of not more than $25,000 for each day during which such violation continues. "(B) ASSESSMENT.—Any penalty imposed under subpara- graph (A) may be assessed and collected by the Director in the manner provided in subparagraphs (E), (F), (G), and (I) of section 8(i)(2) of the Federal Deposit Insurance Act for penalties imposed (under such section) and any such assess- ment shall be subject to the provisions of such section. "(C) HEARING. — The company or other person against whom any civil penalty is assessed under this paragraph shall be afforded a hearing if such company or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 8(h) of the Federal Deposit Insurance Act shall apply to any proceed- ing under this paragraph. "(D) DISBURSEMENT. — All penalties collected under authority of this paragraph shall be deposited into the Treasury. "(E) VIOLATE DEFINED.— For purposes of this section, the term 'violate' includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. "(F) REGULATIONS.—The Director shall prescribe regula- tions establishing such procedures as may be necessary to carry out this paragraph. " (4) NOTICE UNDER THIS SECTION AFTER SEPARATION FROM SERV- ICE. —The resignation, termination of employment or participa- tion, or separation of an institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to a savings and loan holding company or subsidi- ary thereof (including a separation caused by the deregistration of such a company or such a subsidiary) shall not affect the jurisdiction and authority of the Director to issue any notice

�