§8313 Penalties

Summary

It makes certain acts crimes and sets penalties. If someone knowingly breaks the rules in this law, or forges, misuses, or destroys official certificates, permits, or other documents, they can be fined under Title 18, jailed up to 1 year, or both. If someone knowingly imports, exports, or moves an animal or item for sale in violation, they can be fined under Title 18, jailed up to 5 years, or both. On a second or later criminal conviction for these crimes, jail time can be up to 10 years. The head of the agency (the Secretary) can also impose civil fines after notice and a hearing. Limits: up to $50,000 for an individual (but no more than $1,000 for a first-time individual who moves regulated items not for money), up to $250,000 for other persons per violation, and for all violations in one case $500,000 total if none were willful, or $1,000,000 if one or more were willful (willful means done on purpose). Instead of those caps, the penalty may be twice the gross gain or loss when the violation caused money gain or loss. In setting a fine, the Secretary will consider how bad the violation was and may look at ability to pay, effect on doing business, prior violations, degree of fault, and other relevant factors. The Secretary may reduce or change penalties. The Secretary’s order is final but can be reviewed in court under federal law. Unpaid penalties earn interest at the rate for civil judgments. Acts by an agent count as acts by their employer. The Secretary must make guidelines, with the Attorney General’s approval, on when to use a civil penalty or a warning instead of criminal prosecution.