46 U.S.C. § 31330 Penalties

LibraryUnited States Statutes
Edition2023
CurrencyCurrent through P.L. 118-22 with Court Rules updates (published on www.congress.gov on 12/01/2023)
Year2023
Citation46 U.S.C. § 31330

(a)

(1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor-

(A) with intent to defraud, does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B) with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or

(C) with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.

(2) A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor-

(A) does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B) incurs a contractual obligation in violation of section 31323(b) of this title; or

(C) files with the Secretary a mortgage made not in good faith.

(b)

(1) A person that knowingly violates section 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both.

(2) A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.

(3) A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.

(c) If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.

<TABLE> <TR><TD colspan="2">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised section</TD> <TD>Source section (U.S. Code)</TD> </TR> <TR> <TD>31330(a)</TD> <TD>46:941(b) (1st sentence)</TD> </TR> <TR> <TD>31330(b)</TD> <TD>New</TD> </TR> <TR> <TD>31330(c)</TD> <TD>46:941(b) (1st sentence)</TD> </TR> </TABLE>

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