§8313 Penalties

Summary

It makes breaking these rules a crime and also lets the government fine people. If someone knowingly breaks the rules here, or knowingly forges, fakes, or without the Secretary’s permission uses, changes, defaces, or destroys any required certificate or permit, they can be fined under Title 18, put in jail for up to 1 year, or both. If someone knowingly imports, brings in, exports, or moves an animal or article 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, the jail term can be up to 10 years and a fine under Title 18. The Secretary can also impose civil money penalties after notice and a hearing. The maximums are: $50,000 for an individual (but $1,000 for a person’s first non‑profit, non‑monetary move of regulated articles), $250,000 for other persons, and for all violations in one case $500,000 if none are willful or $1,000,000 if any are willful. Instead of those caps, a penalty may be twice the gross gain or twice the gross loss if the violation caused money gain or loss. The Secretary must consider the violation’s seriousness and may look at ability to pay, business impact, past violations, blameworthiness, and other factors. The Secretary may reduce or cancel penalties. The penalty order is final but reviewable under chapter 158 of title 28, cannot be attacked in a collection suit, and unpaid penalties earn interest at the rate for U.S. civil judgments. Acts by an employee or agent count as acts by their employer. With the Attorney General’s approval, the Secretary must set guidelines on when to issue a civil penalty or a warning instead of referring the matter for prosecution.