46-U.S.C.-31330

§31330 – Penalties

Pathway

Title 46 > Subtitle III > Chapter 313 > Subchapter II > Section 31330

Details

• Reference: Section 31330
• Legend: §31330 – Penalties
• USCode Year: 2013

Provision Content

(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.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, §1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, §913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)

Section 31330(a) provides for criminal penalties for not disclosing obligations, incurring contractual obligations in violation of section 31323(b), and filing a mortgage made not in good faith. This subsection makes a substantive change to law by adding civil penalties and by making it a crime to record with the Secretary of Transportation a mortgage made not in good faith with the intent to hinder an existing or future creditor of the mortgagor or a lienor of the vessel. This is done since the affidavit of good faith has been eliminated from the elements of a preferred mortgage.

Section 31330(b) adds criminal and civil penalties for violating the sale and trust requirements under sections 31328 and 31329. It also makes a vessel and its equipment involved in those violations subject to seizure by the Government.

Section 31330(c) makes the president or chief executive officer of a corporation or association liable as a mortgagor for the penalties under this section.

house floor statement

Subsection (a) of this section adds criminal and civil penalties for a preferred mortgagors failure to carry out certain requirements under chapter 313 of title 46 (as enacted by this Act).

Amendments

2010—Subsec. (a)(1)(B). Pub. L. 111–281, §913(d)(1)(A), inserted or after semicolon.

Subsec. (a)(1)(C). Pub. L. 111–281, §913(d)(1)(B), substituted Secretary. for Secretary; or.

Pub. L. 111–281, §913(a)(1), struck out of Transportation after Secretary.

Subsec. (a)(1)(D). Pub. L. 111–281, §913(d)(1)(C), struck out subpar. (D) which read as follows: with intent to defraud, does not comply with section 31321(h) of this title.

Subsec. (a)(2)(B) to (D). Pub. L. 111–281, §913(d)(2), inserted or at end of subpar. (B), substituted faith. for faith; or at end of subpar. (C), and struck out subpar. (D) which read as follows: does not comply with section 31321(h) of this title.

1996—Subsec. (b). Pub. L. 104–324 struck out 31328 or before 31329 in pars. (1) to (3).

U.S. Encyclopedia of Law Coverage

46-U.S.C.-31321 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-31321, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

46-U.S.C.-31324 in the Legal Encyclopedia: Maritime Liability

In this entry about 46-U.S.C.-31324, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.

46-U.S.C.-31327 in the Legal Encyclopedia: Liability

In this entry about 46-U.S.C.-31327, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.

Topic Map

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