(1) In general Except as provided in section
8309 (d) of this title, any person that violates this chapter, or that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of
(A)
(i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regulated articles not for monetary gain;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding
(I) $500,000 if the violations do not include a willful violation; or
(II) $1,000,000 if the violations include 1 or more willful violations.
(B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or unauthorized use, alteration, defacing or destruction of a certificate, permit, or other document provided under this chapter that results in the persons deriving pecuniary gain or causing pecuniary loss to another person.
(2) Factors in determining civil penalty In determining the amount of a civil penalty, the Secretary shall take into account the nature, circumstance, extent, and gravity of the violation or violations and the Secretary may consider, with respect to the violator
(A) the ability to pay;
(B) the effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary considers to be appropriate.
(4) Finality of orders
(A) Final order The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter
158 of title
28.
(B) Review
The validity of the order of the Secretary may not be reviewed in an action to collect the civil penalty.
(C) Interest
Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States.
