Page:United States Statutes at Large Volume 54 Part 1.djvu/982

 PUBLIC LAWS-CH. 722-SEPT. 18, 1940 or his or its officer, agent, employee, or representative, knowingly and willfully obtain transportation subject to this part at less than the False claims, etc. rates, fares, or charges lawfully in effect, or shall knowingly and will- fully, directly or indirectly, by false claim, false billing, false repre- sentation, or other device or means, obtain or attempt to obtain any allowance, refund, or repayment in connection with or growing out of such transportation, whether with or without the consent or connivance of such carrier or his or its officer, agent, employee, or representative, whereby the compensation of such carrier for such transportation or service, either before or after payment, shall be less than the rates, fares, or charges lawfully in effect, shall be deemed guilty of a mis- demeanor and upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such Penalty. offense was in whole or in part committed, be subject for each offense to a fine of not more than $5,000. qFalure to make r "(d) Any water carrier or other person, or any officer, agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Commission as required by this part, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Com- mission so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Commission, or shall willfull False reports, falsify, destroy, mutilate, or alter any report, account, record, memorandum, book, correspondence, or other document, required under this part to be kept, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions as required under this part, or shall willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, or shall knowingly and willfully file with the Commission any false report, account, record, or memorandum, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of the United States of competent jurisdiction within the district in Penalty. which such offense was in whole or in part committed, be subject for each offense to a fine of not more than $5,000. As used in this sub- "ieep"construed, section, the word 'keep' shall be construed to mean made, prepared, or compiled, as well as retained. sun by Commission " (e) Any special agent, accountant, or examiner of the Commission employee. who knowingly and willfully divulges any fact or information which may come to his knowledge during the course of any examination or Ante, p . inspection made under authority of section 313, except as he may be directed by the Commission or by a court or judge thereof, shah be guilty of a misdemeanor and shall be subject, upon conviction in any Penalty. court of the United States of competent jurisdiction, to a fine of not more than $500 or imprisonment for a term not exceeding six months, or both. suln l byrcader e lto "(f) It shall be unlawful for any common carrier by water, or any officer, receiver, trustee, lessee, agent, or employee of such carrier, or for any other person authorized by such carrier or person to receive information, knowingly and willfully to disclose to or permit to be acquired by any person other than the shipper or consignee, without the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such carrier for transportation subject to this part, which information may be used to the detriment or prejudice of such shipper or consignee, or which may or does improperly disclose his business transactions to a competitor; and it shall also be unlawful for any person to solicit or knowingly and 948 [54 STAT.

�