Sec. 15. Penalties and sanctions
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Any person who is found by the Secretary, after notice and opportunity for a hearing conducted in accordance with section 554 of title 5, United States Code, to have committed any act prohibited by section 11 shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation. For the purposes of conducting any investigation or hearing under this Act, the Secretary may— issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and administer oaths.
Any person who violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall be subject to a civil penalty in an amount not to exceed $500 for each such violation. Any person who knowingly violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall, upon conviction, be guilty of a class A misdemeanor. All costs relating to the mitigation of injury caused by a violation of this Act shall be borne by the person that violated this Act.
Any person authorized by the Secretary to enforce this Act shall have the same authorities as are described in section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 ). A person who is determined to have violated any provision of this Act shall forfeit to the United States— any property, real or personal, taken or retained in connection with or as a result of the offense; and any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense.
Upon the forfeiture to the United States of any property or item described in clause
(i)or
(ii)of subparagraph (A), or upon the abandonment or waiver of any claim to any such property or item, the property or item shall be disposed of by the Secretary in a manner consistent with the purpose of this Act. All powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purpose of this Act, be exercised or performed by the Secretary, or by such officers or employees of the United States as the Secretary may designate.
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Sec. 15
Penalties and sanctions
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