§504 Forfeitures

Summary

Forfeitures must be paid into the Treasury of the United States and can be collected by the United States in a civil lawsuit. Such suits may be brought where the person or carrier has its main operating office or in any district the carrier’s line runs. A suit to recover a forfeiture under this chapter is a new trial (trial de novo). If a ship is forfeited, recovery can also be done by libel in any district where the ship arrives or departs. These forfeitures are in addition to other penalties. United States attorneys, directed by the Attorney General, must bring these actions, and the prosecution costs are paid from the appropriation for the expenses of the courts of the United States. (Except as otherwise provided for a forfeiture under section 503(b)(3).) Forfeitures under subchapter II, parts II and III of subchapter III, and sections 503(b) and 507 may be reduced or forgiven by the Commission under rules and fact-finding methods it chooses. If a suit has started, the Attorney General will stop the prosecution if the Commission asks. No forfeiture may be reduced or forgiven after a court of competent jurisdiction has decided the case. If the Commission issues a notice of apparent liability for a forfeiture, that notice cannot be used against the person in other Commission proceedings unless the forfeiture has been paid or a court has ordered payment and that order is final.