Page:United States Statutes at Large Volume 114 Part 1.djvu/486

 114 STAT. 450 PUBLIC LAW 106-224—JUNE 20, 2000 include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. If the authority to sign a subpoena is delegated, the agency receiving the delegation shall seek review for legal sufficiency outside that agency. (f) SCOPE OF SUBPOENA. —Subpoenas for witnesses to attend court in any judicial district or to testify or produce evidence at an administrative hearing in any judicial district in any action or proceeding Eirising under this title may run to any other judicial district. 7 USC 7734. SEC. 424. PENALTIES FOR VIOLATION. (a) CRIMINAL PENALTIES.— Any person that knowingly violates this title, or that knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this title shall be guilty of a misdemeanor, and, upon conviction, shall be fined in accordance with title 18, United States Code, imprisoned for a period not exceeding 1 year, or both. (b) CIVIL PENALTIES.— (1) IN GENERAL. —Any person that violates this title, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided for in this title may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A) $50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an initied violation of this title by an individual moving regulated articles not for monetary gain), $250,000 in the case of any other person for each violation, and $500,000 for all violations adjudicated in a single proceeding; or (B) twice the gross gain or gross loss for any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this title that results in the person deriving pecuniary gedn or causing pecuniary loss to another. (2) FACTORS IN DETERMINING CIVIL PENALTY.— In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator— (A) ability to pay; (B) effect on ability to continue to do business; (C) any history of prior violations; (D) the degree of culpability; and (E) any other factors the Secretary considers appropriate. (3) SETTLEMENT OF CIVIL PENALTIES.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this subsection. (4) FINALITY OF ORDERS.—The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the Secretary's order may not be reviewed in an action to collect the civil penalty. Any civil peneJty not paid in full when due under an order assessing the civil penalty

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