§4209 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

If a consular officer charges more than the law allows for a service, the officer must give back the extra and also pay the person three times the unlawful amount as a penalty. The person can sue to get that penalty and legal costs. The Secretary of the Treasury can take the overcharge and the penalty out of the officer’s pay, record it as the officer’s debt, and may refund the unlawful fee and pay the penalty to the person if the Secretary chooses.

Title 22, §4209

Foreign Relations and Intercourse — Source: USLM XML via OLRC

Whenever any consular officer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of action, by such person for his own use. And in any such case the Secretary of the Treasury may retain, out of the compensation of such officer, the amount of such overcharge and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. § 1723 derived from act Aug. 18, 1856, ch. 127, § 17, 11 Stat. 58. Section was not enacted as part of the Foreign Service Act of 1980 which comprises this chapter. Section was formerly classified to section 1189 of this title, and prior thereto to section 92 of this title.

§4209 Exaction of Excessive Fees Generally; Penalty of Treble Amount

Summary

Title 22, §4209

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata