US Code
CHAPTER 16— FEDERAL DEPOSIT INSURANCE CORPORATION
§ 1833a. Civil penalties

(a) In generalWhoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section.
(b) Maximum amount of penalty(1) GenerallyThe amount of the civil penalty shall not exceed $1,000,000.
(2) Special rule for continuing violationsIn the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000.
(3) Special rule for violations creating gain or loss(A) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss.
(B) As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund.
(c) Violations to which penalty is applicableThis section applies to a violation of, or a conspiracy to violate—(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3) section 645(a) of title 15.
(d) Effective dateThis section shall apply to violations occurring on or after August 10, 1984.
(e) Attorney General to bring actionA civil action to recover a civil penalty under this section shall be commenced by the Attorney General.
(f) Burden of proofIn a civil action to recover a civil penalty under this section, the Attorney General must establish the right to recovery by a preponderance of the evidence.
(g) Administrative subpoenas(1) In generalFor the purpose of conducting a civil investigation in contemplation of a civil proceeding under this section, the Attorney General may—(A) administer oaths and affirmations;
(B) take evidence; and
(C) by subpoena, summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry. Such subpoena may require the attendance of witnesses and the production of any such records from any place in the United States at any place in the United States designated by the Attorney General.
(2) Procedures applicableThe same procedures and limitations as are provided with respect to civil investigative demands in subsections (g), (h), and (j) of section 1968 of title 18 apply with respect to a subpoena issued under this subsection. Process required by such subsections to be served upon the custodian shall be served on the Attorney General. Failure to comply with an order of the court to enforce such subpoena shall be punishable as contempt.
(3) LimitationIn the case of a subpoena for which the return date is less than 5 days after the date of service, no person shall be found in contempt for failure to comply by the return date if such person files a petition under paragraph (2) not later than 5 days after the date of service.
(h) Statute of limitationsA civil action under this section may not be commenced later than 10 years after the cause of action accrues.

Structure US Code

US Code

Title 12— BANKS AND BANKING

CHAPTER 16— FEDERAL DEPOSIT INSURANCE CORPORATION

§ 1811. Federal Deposit Insurance Corporation

§ 1812. Management

§ 1813. Definitions

§ 1814. Insured depository institutions

§ 1815. Deposit insurance

§ 1816. Factors to be considered

§ 1817. Assessments

§ 1818. Termination of status as insured depository institution

§ 1819. Corporate powers

§ 1820. Administration of Corporation

§ 1820a. Examination of investment companies

§ 1821. Insurance Funds

§ 1821a. FSLIC Resolution Fund

§ 1822. Corporation as receiver

§ 1823. Corporation monies

§ 1824. Borrowing authority

§ 1825. Issuance of notes, debentures, bonds, and other obligations; exemptions

§ 1826. Forms of obligations; preparation by Secretary of the Treasury

§ 1827. Reports by Corporation; audit of financial transactions; report on audits; employment of certified public accountants for audits

§ 1828. Regulations governing insured depository institutions

§ 1828a. Prudential safeguards

§ 1828b. Interagency data sharing

§ 1829. Penalty for unauthorized participation by convicted individual

§ 1829a. Participation by State nonmember insured banks in lotteries and related activities

§ 1829b. Retention of records by insured depository institutions

§ 1829c. Making online banking initiation legal and easy

§ 1830. Nondiscrimination

§ 1831. Separability of certain provisions of this chapter

§ 1831a. Activities of insured State banks

§ 1831b. Disclosures with respect to certain federally related mortgage loans

§ 1831c. Assuring consistent oversight of subsidiaries of holding companies

§ 1831d. State-chartered insured depository institutions and insured branches of foreign banks

§ 1831e. Activities of savings associations

§ 1831f. Brokered deposits

§ 1831f–1. Repealed. , ,

§ 1831g. Contracts between depository institutions and persons providing goods, products, or services

§ 1831h. Repealed. , ,

§ 1831i. Agency disapproval of directors and senior executive officers of insured depository institutions or depository institution holding companies

§ 1831j. Depository institution employee protection remedy

§ 1831k. Reward for information leading to recoveries or civil penalties

§ 1831l. Coordination of risk analysis between SEC and Federal banking agencies

§ 1831m. Early identification of needed improvements in financial management

§ 1831m–1. Reports of information regarding safety and soundness of depository institutions

§ 1831n. Accounting objectives, standards, and requirements

§ 1831o. Prompt corrective action

§ 1831o–1. Source of strength

§ 1831p. Transferred

§ 1831p–1. Standards for safety and soundness

§ 1831q. FDIC affordable housing program

§ 1831r. Payments on foreign deposits prohibited

§ 1831r–1. Notice of branch closure

§ 1831s. Transferred

§ 1831t. Depository institutions lacking Federal deposit insurance

§ 1831u. Interstate bank mergers

§ 1831v. Authority of State insurance regulator and Securities and Exchange Commission

§ 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks

§ 1831x. Insurance customer protections

§ 1831y. CRA sunshine requirements

§ 1831z. Bi-annual FDIC survey and report on encouraging use of depository institutions by the unbanked

§ 1831aa. Enforcement of agreements

§ 1831bb. Capital requirements for certain acquisition, development, or construction loans

§ 1831cc. Data standards

§ 1831dd. Open data publication

§ 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties

§ 1833. Repealed. , ,

§ 1833a. Civil penalties

§ 1833b. Comparability in compensation schedules

§ 1833c. Comptroller General audit and access to records

§ 1833d. Repealed. , ,

§ 1833e. Equal opportunity

§ 1834. Reduced assessment rate for deposits attributable to lifeline accounts

§ 1834a. Assessment credits for qualifying activities relating to distressed communities

§ 1834b. Community development organizations

§ 1835. Insured depository institution capital requirements for transfers of small business obligations

§ 1835a. Prohibition against deposit production offices