2015 US Code
Title 18 - Crimes and Criminal Procedure (Sections 1 - 6005)
Part I - Crimes (Sections 1 - 2725)
Chapter 11 - Bribery, Graft, and Conflicts of Interest (Sections 201 - 227)
Sec. 216 - Penalties and injunctions
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST Sec. 216 - Penalties and injunctions |
Contains | section 216 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 101-194, title IV, §407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101-280, §5(f), May 4, 1990, 104 Stat. 159. |
Statutes at Large References | 62 Stat. 694, 695 72 Stat. 698 73 Stat. 387 76 Stat. 1125 98 Stat. 2146 103 Stat. 1753 104 Stat. 159 |
Public and Private Laws | Public Law 85-699, Public Law 86-168, Public Law 87-849, Public Law 98-473, Public Law 101-194, Public Law 101-280 |
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(a) The punishment for an offense under section 203, 204, 205, 207, 208, or 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 section 203, 204, 205, 207, 208, or 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.
(Added Pub. L. 101–194, title IV, §407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101–280, §5(f), May 4, 1990, 104 Stat. 159.)
PRIOR PROVISIONSA prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, §216, formerly §221, amended Aug. 21, 1958, Pub. L. 85–699, title VII, §702(a)–(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86–168, title I, §104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub. L. 87–849, §1(d), 76 Stat. 1125, related to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, prior to repeal by Pub. L. 98–473, title II, §1107(b), Oct. 12, 1984, 98 Stat. 2146.
Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87–849.
AMENDMENTS1990—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".
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".
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