Page:United States Statutes at Large Volume 104 Part 6.djvu/475

 PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4865 when acting in a manner described in section ll(d)(18)) pursuant to this section, or in actions brought in aid of, or to enforce an order in, any administrative or other civil action for money damages, restitution, or civil money penalties brought by such agency, the court may, upon application of the agency, issue a restraining order that— "(i) prohibits any person subject to the proceeding from withdrawing, transferring, removing, dissipating, or disposing of any funds, assets or other property; and "(ii) appoints a temporary receiver to administer the restraining order. "(B) STANDARD.— A permanent or temporary injunction or restraining order shall be granted without bond upon a prima facie showing that money damages, restitution, or civil money penalties, as sought by such agency, is appropriate.". (2) ATTORNEY GENERAL.— Section 1345 of title 18, United States Code, is amended— (1) by striking the 1st sentence and inserting the following: "(a)(l) If a person is— "(A) violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title; or "(B) committing or about to commit a banking law violation (as defined in section 3322(d) of this title), the Attorney General may commence a civil action in any Federal court to enjoin such violation. "(2) If a person is alienating or disposing of property, or intends to alienate or dispose of property, obtained as a result of a banking law violation (as defined in section 3322(d) of this title) or property which is traceable to such violation, the Attorney General may commence a civil action in any Federal court— "(A) to enjoin such alienation or disposition of property; or "(B) for a restraining order to— "(i) prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and "(ii) appoint a temporary receiver to administer such restraining order. (3) A permanent or temporary injunction or restraining order shall be granted without bond."; and (2) by redesignating the material remaining in such section as subsection (b). SEC. 2522. NONDISCHARGE OF DEBTS IN FEDERAL BANKRUPTCY INVOLV- ING OBLIGATIONS ARISING FROM A BREACH OF FIDUCIARY DUTY; DISALLOWING USE OF BANKRUPTCY TO EVADE COMMITMENTS TO MAINTAIN THE CAPITAL OF A FEDERALLY INSURED DEPOSITORY INSTITUTION OR TO EVADE CIVIL OR CRIMINAL LIABILITY. (a) EXCEPTION TO DISCHARGE IN GENERAL. — Section 523 of title 11, United States Code, is amended— (1) in subsection (a) by— (A) striking "or" at the end of paragraph (9); (B) striking the period at the end of paragraph (10) and inserting a semicolon; and

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