Statute · United States Code

46 U.S.C. § 31330 — Penalties

46 U.S.C. § 31330

Type
Statute
Source
United States Code
Jurisdiction
Federal
Date
2025-01-06
Topic
bankruptcy

(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.

(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.