Title 12 — Banks and BankingRelease 119-73not60
§1833a Civil Penalties
Title 12 › Chapter 16— FEDERAL DEPOSIT INSURANCE CORPORATION › § 1833a
Summary
Imposes civil fines on anyone who breaks or plots to break certain federal criminal laws. It applies to these Title 18 sections: 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 287, 1001, 1032, 1341, and 1343 when they affect a federally insured financial institution, and to Title 15 section 645(a). Fines can be up to $1,000,000. For continuing violations the fine may be higher but no more than the lesser of $1,000,000 per day or $5,000,000. If the violator made money or caused a loss to someone else, the fine may go up to the amount of that gain or loss. “Person” includes certain deposit insurance funds named in the law. The Attorney General must start any civil case and must prove the claim by showing it is more likely than not. For investigations before a case, the Attorney General may take oaths, collect evidence, and issue subpoenas anywhere in the United States. Subpoenas follow the procedures in Title 18, section 1968, and failure to obey an enforced subpoena can be punished as contempt, though someone given less than 5 days to respond avoids contempt if they file a petition within 5 days. Actions may only cover violations on or after August 10, 1984, and must be filed within 10 years after the cause of action accrues.
Full Legal Text
Title 12, §1833a
Banks and Banking — Source: USLM XML via OLRC
(a)Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section.
(b)(1)The amount of the civil penalty shall not exceed $1,000,000.
(2)In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000.
(3)(A)If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss.
(B)As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund.
(c)This section applies to a violation of, or a conspiracy to violate—
(1)section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2)section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3)section 645(a) of title 15.
(d)This section shall apply to violations occurring on or after August 10, 1984.
(e)A civil action to recover a civil penalty under this section shall be commenced by the Attorney General.
(f)In a civil action to recover a civil penalty under this section, the Attorney General must establish the right to recovery by a preponderance of the evidence.
(g)(1)For the purpose of conducting a civil investigation in contemplation of a civil proceeding under this section, the Attorney General may—
(A)administer oaths and affirmations;
(B)take evidence; and
(C)by subpoena, summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry. Such subpoena may require the attendance of witnesses and the production of any such records from any place in the United States at any place in the United States designated by the Attorney General.
(2)The same procedures and limitations as are provided with respect to civil investigative demands in subsections (g), (h), and (j) of section 1968 of title 18 apply with respect to a subpoena issued under this subsection. Process required by such subsections to be served upon the custodian shall be served on the Attorney General. Failure to comply with an order of the court to enforce such subpoena shall be punishable as contempt.
(3)In the case of a subpoena for which the return date is less than 5 days after the date of service, no person shall be found in contempt for failure to comply by the return date if such person files a petition under paragraph (2) not later than 5 days after the date of service.
(h)A civil action under this section may not be commenced later than 10 years after the cause of action accrues.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was enacted as part of the Financial Institutions Reform, Recovery, and
Enforcement
Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter.
Amendments
2006—Subsec. (b)(3)(B). Pub. L. 109–173 inserted “and after the merger of such funds, the Deposit Insurance Fund,” after “the Savings Association Insurance Fund,”. Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(15)(A). See 1996 Amendment note below. 2001—Subsec. (c). Pub. L. 107–100, § 4(b)(2)(D), designated concluding provisions as (d) and inserted heading. Subsec. (c)(2). Pub. L. 107–100, § 4(b)(2)(B)(i), which directed the substitution of “1341” for “1341;”, could not be executed because par. (2) does not contain a semicolon after “1341”. Subsec. (c)(3). Pub. L. 107–100, § 4(b)(2)(A), (B)(ii), (C), added par. (3). Subsecs. (d) to (h). Pub. L. 107–100, § 4(b)(1), (2)(D), designated concluding provisions of subsec. (c) as (d), inserted heading, and redesignated former subsecs. (d) to (g) as (e) to (h), respectively. 1996—Subsec. (b)(3)(B). Pub. L. 104–208, § 2704(d)(15)(A), which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund, the Savings Association Insurance Fund,”, was repealed by Pub. L. 109–171. See
Effective Date
of 1996 Amendment note below and 2006 Amendment note above. 1994—Subsec. (c). Pub. L. 103–322 amended directory language of Pub. L. 101–647, § 2596(d). See 1990 Amendment note below. 1990—Subsec. (c). Pub. L. 101–647, § 2596(d)(2), as amended by Pub. L. 103–322, inserted at end a flush sentence “This section shall apply to violations occurring on or after August 10, 1984.” Subsec. (c)(2). Pub. L. 101–647, § 2596(d)(1), as amended by Pub. L. 103–322, which directed insertion of “287, 1001, 1032,” before “1341;”, was executed by making the insertion before “1341 or 1343” to reflect the probable intent of Congress. Subsec. (g). Pub. L. 101–647, § 2533, added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109–173, set out as a note under section 24 of this title. Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title.
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title.
Effective Date
of 1994 Amendment Pub. L. 103–322, title XXXIII, § 330003(g), Sept. 13, 1994, 108 Stat. 2141, provided that the amendment made by that section is effective retroactively to the date of enactment of Pub. L. 101–647, which was approved Nov. 29, 1990.
Reference
Citations & Metadata
Citation
12 U.S.C. § 1833a
Title 12 — Banks and Banking
Last Updated
Apr 3, 2026
Release point: 119-73not60