§ 93. Violation of provisions of chapter

Footnotes

1. 1 So in original. The words “, commits any violation described in paragraph (1) which” probably should not appear.
2. 2 So in original. The word “any” probably should not appear.
3. 3 So in original. Probably should be “not to”.
4. 4 So in original. No pars. (9) to (11) have been enacted.
5. 5 So in original. Probably should be “(e)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. undated

   R.S. § 5239

   Enacted · 12 U.S.C. § 93

   R.S. § 5239

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code source credit
   R.S. § 5239

2. 1978

   Financial Institutions Regulatory and Interest Rate Control Act of 1978

   Pub. L. 95–630 title I § 103 · 92 Stat. 3641

   1. Amended · 12 U.S.C. § 93

      Pub. L. 95–630 designated existing provisions as subsec. (a)

   2. Added · 12 U.S.C. § 93

      Pub. L. 95–630 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 95–630 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 103. Section 5239 of the Revised Statutes (12 U.S.C. 93) is amended by inserting “(a)” immediately after “Sec. 5239.” and by inserting at the end thereof the following new subsection: “(b) (1) Any national banking association which violates, or any Notice. officer, director, employee, agent, or other person participating in the conduct of the affairs of such association who violates any of the provisions of this chapter, or any regulation issued pursuant thereto, shall forfeit and pay a civil money penalty of not more than per day for each day during which such violation continues. The “Violates.” penalty shall be assessed and collected by the Comptroller of the Currency by written notice. As used in the section, the term ‘violates’ Hearing opportunity. includes without any limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. “(2) In determining the amount of the penalty the Comptroller shall take into account the appropriateness of the penalty with respect to the size of financial resources and good faith of the association or person charged, the gravity of the violation, the history of previous violations, and such other matters as justice may require. “(3) The association or person assessed shall be afforded an opportunity Review. for agency hearing, upon request made within ten days after issuance of the notice of assessment. In such hearing all issues shall be determined on the record pursuant to section 554 of title 5. The agency determination shall be made by final order which may be reviewed only as provided in subsection (4). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. “(4) Any association or person against whom an order imposing Certification. a civil money penalty has been entered after agency hearing under this section may obtain review by the United States court of appeals for the circuit in which the home office of the bank is located, or in the United States Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered or certified mail to the Comptroller. The Comptroller shall promptly certify and file in such court the record upon which the penalty was imposed, as provided in section 2112 of title 28. The findings of the Comptroller shall be set aside if found to lie unsupported by substantial evidence as provided by section 706(2)(e) of title 5. “(5) If any association or person fails to pay an assessment after it has become a final and unappealable order, or after the court of appeals has entered final judgment in favor of the agency, the Comptroller shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. “(6) The Comptroller may, in his discretion, compromise, modify, or remit any civil money penalty which is subject to imposition or has been imposed under this section. “(7) The Comptroller shall promulgate regulations establishing procedures necessary to implement this subsection. “(8) All penalties collected under authority of this section shall be covered into the Treasury of the United States.”.

3. 1982

   Garn-St Germain Depository Institutions Act of 1982

   Pub. L. 97–320 title IV § 424(d)(3) · 96 Stat. 1469

   1. Amended · 12 U.S.C. § 93(b)(1)

      Pub. L. 97–320, as amended by Pub. L. 97–457

   2. Inserted · 12 U.S.C. § 93(b)(1)

      Pub. L. 97–320, as inserted “or any of the provisions of section 92a of this title”

   3. Substituted · 12 U.S.C. § 93(b)(1)

      Pub. L. 97–320, as substituted “may be assessed” for “shall be assessed”

   4. Substituted · 12 U.S.C. § 93(b)(1)

      Pub. L. 97–320, as substituted “title” for “chapter”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–320, as amended by Pub. L. 97–457, inserted “or any of the provisions of section 92a of this title”, and substituted “may be assessed” for “shall be assessed” and “title” for “chapter”.

   Enacted provision · exact public law section
   (3) The second sentence of section 5239(b)(1) of the Revised Statutes (12 U.S.C. 93(b)(1));

4. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 907(e) · 103 Stat. 183

   Amended · 12 U.S.C. § 93(b)

   Pub. L. 101–73, § 907(e), amended subsec. (b) generally, revising and restating as pars. (1) to (8) and (12) provisions of former pars. (1) to (8)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–73, § 907(e), amended subsec. (b) generally, revising and restating as pars. (1) to (8) and (12) provisions of former pars. (1) to (8).

   Enacted provision · exact public law section
   (e) National Banks.— Section 5239(b) of the Revised Statutes (12 U.S.C. 93(b)) is amended to read as follows: “(b) Civil Money Penalty.— “(1) First tier.— Any national banking association which, and any institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such association who, violates any provision of this title or any of the provisions of the first section of the Act of September 28, 1962, (76 Stat. 668; 12 U.S.C. 92a), or any regulation issued pursuant thereto, shall forfeit and pay a civil penalty of not more than $5,000 for each day during which such violation continues. “(2) Second tier.— Notwithstanding paragraph (1), any national banking association which, and any institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such association who, commits any violation described in paragraph (1) which— “(A) (i) commits any violation described in any paragraph (1); “(ii) recklessly engages in an unsafe or unsound practice in conducting the affairs of such association; or “(iii) breaches any fiduciary duty; “(B) which violation, practice, or breach— “(i) is part of a pattern of misconduct; “(ii) causes or is likely to cause more than a minimal loss to such association; or “(iii) results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than $25,000 for each day during which such violation, practice, or breach continues. “(3) Third tier.— Notwithstanding paragraphs (1) and (2), any national banking association which, and any institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such association who— “(A) knowingly— “(i) commits any violation described in paragraph (1); “(ii) engages in any unsafe or unsound practice in conducting the affairs of such association; or “(iii) breaches any fiduciary duty; and “(B) knowingly or recklessly causes a substantial loss to such association or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under paragraph (4) for each day during which such violation, practice, or breach continues. “(4) Maximum amounts of penalties for any violation described in paragraph (3).— The maximum daily amount of any civil penalty which may be assessed pursuant to paragraph (3) for any violation, practice, or breach described in such paragraph is— “(A) in the case of any person other than a national banking association, an amount to not exceed $1,000,000; and “(B) in the case of a national banking association, an amount not to exceed the lesser of— “(i) $1,000,000; or “(ii) 1 percent of the total assets of such association. “(5) Assessment; etc.— Any penalty imposed under paragraph (1), (2), or (3) shall be assessed and collected by the Comptroller of the Currency in the manner provided in subparagraphs (E), (F), (G), and (I) of section 8(i)(2) of the Federal Deposit Insurance Act for penalties imposed (under such section) and any such assessment shall be subject to the provisions of such section. “(6) Hearing.— The association or other person against whom any penalty is assessed under this subsection shall be afforded an agency hearing if such association or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 8(h) of the Federal Deposit Insurance Act shall apply to any proceeding under this subsection. “(7) Disbursement.— All penalties collected under authority of this subsection shall be deposited into the Treasury. “(8) Violate defined.— For purposes of this section, the term ‘violate’ includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. “(12) Regulations.— The Comptroller shall prescribe regulations establishing such procedures as may be necessary to carry out this subsection.”.

   Effective date note
   Pub. L. 101–73, title IX, § 907(l), Aug. 9, 1989, 103 Stat. 476, provided that: “The amendments made by this section [amending this section and sections 481, 504, 505, 1467a, 1786, 1817, 1818, 1828, 1847, and 1972 of this title] shall apply with respect to conduct engaged in by any person after the date of the enactment of this Act [Aug. 9, 1989], except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such conduct engaged in before such date if such conduct—

5. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 905(e) · 103 Stat. 183

   Added · 12 U.S.C. § 93(c)

   Pub. L. 101–73, § 905(e), added subsec. (c) relating to notice after separation from service

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–73, § 905(e), added subsec. (c) relating to notice after separation from service.

   Enacted provision · exact public law section
   (e) National Banks.— Section 5239 of the Revised Statutes (12 U.S.C. 93) is amended by adding at the end thereof the following new subsection: “(c) Notice Under This Section After Separation From Service.— The resignation, termination of employment or participation, or separation of an institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such an association (including a separation caused by the closing of such an association) shall not affect the jurisdiction and authority of the Comptroller of the Currency to issue any notice and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such association (whether such date occurs before, on, or after the date of the enactment of this subsection).”.

   Effective date note
   Pub. L. 101–73, title IX, § 907(l), Aug. 9, 1989, 103 Stat. 476, provided that: “The amendments made by this section [amending this section and sections 481, 504, 505, 1467a, 1786, 1817, 1818, 1828, 1847, and 1972 of this title] shall apply with respect to conduct engaged in by any person after the date of the enactment of this Act [Aug. 9, 1989], except that the increased maximum civil penalties of $5,000 and $25,000 per violation or per day may apply to such conduct engaged in before such date if such conduct—

6. 1992

   AnnunzioWylie Anti-Money Laundering Act

   Pub. L. 102–550 title XV § 1502(a) · 106 Stat. 3672

   Added · 12 U.S.C. § 93(c)

   Pub. L. 102–550 added subsec. (c) relating to forfeiture of franchise for money laundering

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–550 added subsec. (c) relating to forfeiture of franchise for money laundering.

   Enacted provision · exact public law section
   (a) National Banks.— Section 5239 of the Revised Statutes (12 U.S.C. 93) is amended by adding at the end the following: “(c) Forfeiture of Franchise for Money Laundering or Cash Transaction Reporting Offenses.— “(1) In general.— “(A) Conviction of title is offenses.— “(i) Duty to notify.— If a national bank, a Federal branch, or Federal agency has been convicted of any criminal offense under section 1956 or 1957 of title 18, United States Code, the Attorney General shall provide to the Comptroller of the Currency a written notification of the conviction and shall include a certified copy of the order of conviction from the court rendering the decision. “(ii) Notice of termination; pretermination hearing.— After receiving written notification from the Attorney General of such a conviction, the Comptroller of the Currency shall issue to the national bank, Federal branch, or Federal agency a notice of the Comptroller’s intention to terminate all rights, privileges, and franchises of the bank, Federal branch, or Federal agency and schedule a pretermination hearing. “(B) Conviction of title 3i offenses.— If a national bank, a Federal branch, or a Federal agency is convicted of any criminal offense under section 5322 of title 31, United States Code, after receiving written notification from the Attorney General, the Comptroller of the Currency may issue to the national bank, Federal branch, or Federal agency a notice of the Comptroller’s intention to terminate all rights, privileges, and franchises of the bank, Federal branch, or Federal agency and schedule a pretermination hearing. “(C) Judicial review.— Section 8(h) of the Federal Deposit Insurance Act shall apply to any proceeding under this subsection. “(2) Factors to be considered.— In determining whether a franchise shall be forfeited under paragraph (1), the Comptroller of the Currency shall take into account the following factors: “(A) The extent to which directors or senior executive officers of the national bank, Federal branch, or Federal agency knew of, or were involved in, the commission of the money laundering offense of which the bank, Federal branch, or Federal agency was found guilty. “(B) The extent to which the offense occurred despite the existence of policies and procedures within the national bank, Federal branch, or Federal agency which were designed to prevent the occurrence of any such offense. “(C) The extent to which the national bank, Federal branch, or Federal agency has fully cooperated with law enforcement authorities with respect to the investigation of the money laundering offense of which the bank, Federal branch, or Federal agency was found guilty. “(D) The extent to which the national bank, Federal branch, or Federal agency has implemented additional internal controls (since the commission of the offense of which the bank, Federal branch, or Federal agency was found guilty) to prevent the occurrence of any other money laundering offense. “(E) The extent to which the interest of the local community in having adequate deposit and credit services available would be threatened by the forfeiture of the franchise. “(3) Successor liability.— This subsection shall not apply to a successor to the interests of, or a person who acquires, a bank, a Federal branch, or a Federal agency that violated a provision of law described in paragraph (1), if the successor succeeds to the interests of the violator, or the acquisition is made, in good faith and not for purposes of evading this subsection or regulations prescribed under this subsection. “(4) Definition.— The term ‘senior executive officer’ has the same meaning as in regulations prescribed under section 32(f) of the Federal Deposit Insurance Act.”.

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330017(b)(2) · 108 Stat. 1796

   1. Amended · 12 U.S.C. § 93(c)

      Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically

   2. Redesignated · 12 U.S.C. § 93(c)

      Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), redesignating subsec. (c), relating to forfeiture of franchise for money laundering, as (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically, redesignating subsec. (c), relating to forfeiture of franchise for money laundering, as (d).

   Enacted provision · exact public law section
   (2) Section 5239 of the Revised Statutes of the United States is amended by redesignating the second subsection (c) 12 USC 93. (as added by section 1502(a) of the Annunzio-Wylie Anti-Money Laundering Act) as subsection (d).

8. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330017(b)(2) · 108 Stat. 1796

   1. Amended · 12 U.S.C. § 93(d)

      Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically

   2. Redesignated · 12 U.S.C. § 93(d)

      Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), redesignating subsec. (c), relating to forfeiture of franchise for money laundering, as (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–322, § 330017(b)(2), and Pub. L. 103–325, § 413(b)(2), amended section identically, redesignating subsec. (c), relating to forfeiture of franchise for money laundering, as (d).

   Enacted provision · exact public law section
   (2) Section 5239 of the Revised Statutes of the United States is amended by redesignating the second subsection (c) 12 USC 93. (as added by section 1502(a) of the Annunzio-Wylie Anti-Money Laundering Act) as subsection (d).

9. 1994

   Riegle Community Development and Regulatory Improvement Act of 1994

   Pub. L. 103–325 § 331(b)(3) · 108 Stat. 2160

   Added · 12 U.S.C. § 93(d)

   Pub. L. 103–325, § 331(b)(3), added subsec. (d) relating to authority

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–325, § 331(b)(3), added subsec. (d) relating to authority.

   Enacted provision · exact public law section
   (3) Section 5239.— Section 5239 of the Revised Statutes (12 U.S.C. 93) is amended by adding at the end the following new subsection: “(d) Authority.— The Comptroller of the Currency may act in the Comptroller’s own name and through the Comptroller’s own attorneys in enforcing any provision of this title, regulations thereunder, or any other law or regulation, or in any action, suit, or proceeding to which the Comptroller of the Currency is a party.”.

10. 1994

    Money Laundering Suppression Act of 1994

    Pub. L. 103–325 § 411(c)(2)(C) · 108 Stat. 2160

    Substituted · 12 U.S.C. § 93(d)(1)(B)

    Pub. L. 103–325, § 411(c)(2)(C), substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 103–325, § 411(c)(2)(C), substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.

    Enacted provision · exact public law section
    (C) Section 5239(d)(1)(B) of the Revised Statutes of 12 USC 93. the United States (as redesignated by section 413(b)(2) of this Act).

15 of 16 references resolved to an enrolled provision · 1 unresolved