§ 2634.702 - Breaches by trust fiduciaries and interested parties.  


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  • § 2634.702 Breaches by trust fiduciaries and interested parties.

    (a) The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth in Table 1 to this section paragraph (a), as provided by section 1025 U.S.C. 13104(f)(6)(C)(i) of the Act and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

    Table 1 to § 2634.702(a)

    Date of violation Penalty
    Violation occurring between Sept. 29, 1999 and Nov. 2, 2015$11,000
    Violation occurring after Nov. 2, 20152324,727496

    (b) The Attorney General may bring a civil action in any appropriate United States district court against any individual who negligently violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth in Table 2 to this section paragraph (b), as provided by section 1025 U.S.C. 13104(f)(6)(C)(ii) of the Act and as adjusted in accordance with the inflation adjustment procedures of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

    Table 2 to § 2634.702(b)

    Date of violation Penalty
    Violation occurring between Sept. 29, 1999 and Nov. 2, 2015$5,500
    Violation occurring after Nov. 2, 20151112,864249

    [88 89 FR 11401440, Jan. 910, 2023]

    [87 FR 2524, Jan. 18, 2022]

    2024]