{"identifier":"/us/usc/t46/s31330","title":46,"num":"\u00a7\u202f31330.","heading":"Penalties","text":"\u00a7\u202f31330.\nPenalties\n(a)\n(1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor\u2014\n(A) with intent to defraud, does not disclose an obligation on a vessel as required by\nsection 31323(a) of this title\n(B) with intent to defraud, incurs a contractual obligation in violation of\nsection 31323(b) of this title\n(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.\n(2) A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor\u2014\n(A) does not disclose an obligation on a vessel as required by\nsection 31323(a) of this title\n(B) incurs a contractual obligation in violation of\nsection 31323(b) of this title\n(C) files with the Secretary a mortgage made not in good faith.\n(b)\n(1) A person that knowingly violates\nsection 31329 of this title\n(2) A person violating\nsection 31329 of this title\n(3) A vessel involved in a violation under\nsection 31329 of this title\n(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.","url":"https://projectusc.org/usc/t46/s31330.html","content":[{"t":"sec","id":"/us/usc/t46/s31330","children":[{"t":"num","text":"\u00a7\u202f31330."},{"t":"heading","text":"Penalties"},{"t":"subsec","id":"/us/usc/t46/s31330/a","children":[{"t":"num","text":"(a)"},{"t":"para","id":"/us/usc/t46/s31330/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor\u2014"},{"t":"subpara","id":"/us/usc/t46/s31330/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" with intent to defraud, does not disclose an obligation on a vessel as required by ","children":[{"t":"ref","text":"section 31323(a) of this title","href":"/us/usc/t46/s31323/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s31330/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" with intent to defraud, incurs a contractual obligation in violation of ","children":[{"t":"ref","text":"section 31323(b) of this title","href":"/us/usc/t46/s31323/b","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s31330/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s31330/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor\u2014"},{"t":"subpara","id":"/us/usc/t46/s31330/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" does not disclose an obligation on a vessel as required by ","children":[{"t":"ref","text":"section 31323(a) of this title","href":"/us/usc/t46/s31323/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s31330/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" incurs a contractual obligation in violation of ","children":[{"t":"ref","text":"section 31323(b) of this title","href":"/us/usc/t46/s31323/b","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s31330/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" files with the Secretary a mortgage made not in good faith.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s31330/b","children":[{"t":"num","text":"(b)"},{"t":"para","id":"/us/usc/t46/s31330/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" A person that knowingly violates ","children":[{"t":"ref","text":"section 31329 of this title","href":"/us/usc/t46/s31329","tail":" shall be fined under title 18, imprisoned for not more than 3 years, or both."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s31330/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" A person violating ","children":[{"t":"ref","text":"section 31329 of this title","href":"/us/usc/t46/s31329","tail":" is liable to the Government for a civil penalty of not more than $25,000."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s31330/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" A vessel involved in a violation under ","children":[{"t":"ref","text":"section 31329 of this title","href":"/us/usc/t46/s31329","tail":" and its equipment may be seized by, and forfeited to, the Government."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s31330/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}