Page:United States Statutes at Large Volume 108 Part 3.djvu/366

 108 STAT. 2118 PUBLIC LAW 103-322—SEPT. 13, 1994 "(C) all commerce between points within the same State through any place outside such State; or "(D) all other commerce over which the United States has jurisdiction; and "(4) the term 'State' includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. "(a) The Attorney CJeneral may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 1033 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 violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. If the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation, rehabilitation, or liquidation of an insurer, such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders, claimants, and creditors of such insurer. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. "(b) If the Attorney General has reason to believe that a person is engaged in conduct constituting an offense under section 1033, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue em order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.". (b) CLERICAL AMENDMEISTT.— The table of sections for chapter 47 of such title is amended by adding at the end the following new items: "1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. "1034. Civil penalties and injunctions for violations of section 1033.". SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE. (a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS. — Section 1515(a)(1) of title 18, United States Code, is amended— (1) by striking "or" at the end of subparagraph (B); (2) by inserting "or" at the end of subparagraph (C); and (3) by adding at the end thereof the following new subparagraph: "(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce; or".
 * § 1034. Civil penalties and injunctions for violations of section 1033

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