§ 216. Penalties and injunctions

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. 1989

   Ethics Reform Act of 1989

   Pub. L. 101–194 title IV § 407(a) · 103 Stat. 1716

   Enacted · 18 U.S.C. § 216

   Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753

   Source evidence

   Code source credit
   Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753

   Enacted provision · exact public law section
   (a) In General.— Chapter 11 of title 18, United States Code, is amended by inserting after section 215 the following new section: “§ 216. Penalties and injunctions “(a) The punishment for an offense under sections 203, 204, 205, 207,208, and 209 of this title is the following: “(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both. “(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both. “(b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under sections 203, 204, 205, 207, 208, and 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. “(c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.”.

2. 1990

   Pub. L. 101–280 § 5(f)(1) · 104 Stat. 149

   Substituted · 18 U.S.C. § 216(a)

   Pub. L. 101–280, § 5(f)(1), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–280, § 5(f)(1), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking “sections 203, 204, 205, 207, 208, and 209” and inserting “section 203, 204, 205, 207, 208, or 209”; and

3. 1990

   Pub. L. 101–280 § 5(f)(2) · 104 Stat. 149

   Substituted · 18 U.S.C. § 216(b)

   Pub. L. 101–280, § 5(f)(2), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–280, § 5(f)(2), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.

   Enacted provision · exact public law section
   (2) in subsection (b) by striking “sections 203, 204, 205, 207, 208, and 209” and inserting “section 203, 204, 205, 207, 208, or 209”.

3 of 3 references resolved to an enrolled provision