Page:United States Statutes at Large Volume 109 Part 1.djvu/931

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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,