PUBLIC LAW 104-88—DEC. 29, 1995
109 STAT. 915
"§ 14902. Civil penalty for accepting rebates from carrier
"A person—
"(1) delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for
transportation under this part or for whom that carrier will
transport the property as consignor or consignee for that person ^
from a State or territory or possession of the United States
to another State or possession, territory, or to a foreign country;
and
"(2) knowingly accepting or receiving by any means a rebate
or offset against the rate for transportation for, or service
of, that property contained in a tariff required under section
13702;
is liable to the United States for a civil penalty in an amount
equal to 3 times the amount of money that person accepted or
received as a rebate or offset and 3 times the value of other
consideration accepted or received as a rebate or offset. In a civil
action under this section, all money or other consideration received
by the person during a period of 6 years before an action is brought
under this section may be included in determining the amount
of the penalty, and if that total amount is included, the penalty
shall be 3 times that total amount.
"§ 14903. Tariff violations
"(a) CIVIL PENALTY FOR UNDERCHARGING AND OVERCHARGING.—
A person that offers, grants, gives, solicits, accepts, or receives
by any means transportation or service provided for property by
a carrier subject to jurisdiction under chapter 135 at a rate different
than the rate in effect under section 13702 is liable to the United
States for civil penalty of not more than $100,000 for each violation.
"(b) GENERAL CRIMINAL PENALTY.—^A carrier providing
transportation or service subject to jurisdiction under chapter 135
or an officer, director, receiver, trustee, lessee, agent, or employee
of a corporation that is subject to jurisdiction under that chapter,
that willfully does not observe its tariffs as required under section
13702, shall be fined under title 18 or imprisoned not more than
2 years, or both.
"(c) ACTIONS OF AGENTS AND EMPLOYEES.— When acting in
the scope of their employment, the actions and omissions of persons
acting for or employed by a carrier or shipper that is subject
to this section are considered to be the actions and omissions
of that carrier or shipper as well as that person.
"(d) VENUE. — Trial in a criminal action under this section is
in the judicial district in which any part of the violation is committed or through which the transportation is conducted.
§ 14904. Additional rate violations
"(a) REBATES BY AGENTS.— A person, or an officer, employee,
or agent of that person, that—
"(1) offers, grants, gives, solicits, accepts, or receives a
rebate for concession, in violation of a provision of this part
related to motor carrier transportation subject to jurisdiction
under subchapter I of chapter 135; or
"(2) by any means assists or permits another person to
get transportation that is subject to jurisdiction under that
subchapter at less than the rate in effect for that transportation
under section 13702,
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