§8313 Penalties

Summary

Knowingly breaking these rules, or forging, counterfeiting, or using, changing, damaging, or destroying any required certificate or permit without the Secretary’s permission, can lead to criminal punishment. A person who does those things can be fined under title 18, jailed up to 1 year, or both. If someone knowingly imports, exports, brings in, or moves an animal or item for sale in violation of the rules, the penalty can be a fine under title 18, jail up to 5 years, or both. On a second or later criminal conviction for these offenses, the jail time can be up to 10 years and the person can be fined under title 18. The Secretary can also impose civil penalties after giving notice and a hearing (except as section 8309(d) says). The civil fine can be up to the larger of two amounts: the dollar caps listed (for example, $50,000 for an individual, with a $1,000 cap for an initial non‑profit move of regulated items not for money, $250,000 for other persons, $500,000 or $1,000,000 total limits depending on willfulness) or twice the money gained or lost because of the violation. The Secretary will consider things like ability to pay, effect on the business, past violations, and blameworthiness. The Secretary may settle or reduce penalties. Orders are final and reviewable under chapter 158 of title 28, cannot be attacked in a collection suit, unpaid penalties earn interest at the U.S. civil judgment rate, and employers are responsible for acts of their agents done within their jobs. The Secretary must create, with the Attorney General’s approval, guidelines about when to use civil penalties or warnings instead of criminal prosecution.