(ii) fined not less than 300 percent of the amount
involved in the violation and not more than the
greater of–
(i) $50,000; or
(ii) 1,000 percent of the amount involved in the
violation; or
(iii) both imprisoned under clause (i) and fined under
clause (ii).
(2) In any criminal action brought for a violation of any
provision of this Act or of chapter 95 or chapter 96 of Title
26, any defendant may evidence their lack of knowledge
or intent to commit the alleged violation by introducing as
evidence a conciliation agreement entered into between
the defendant and the Commission under subsection
(a)(4)(A) of this section which specifically deals with the
act or failure to act constituting such violation and which
is still in effect.
(3) In any criminal action brought for a violation of any
provision of this Act or of chapter 95 or chapter 96 of Title
26, 0the court before which such action is brought shall
take into account, in weighing the seriousness of the
violation and in considering the appropriateness of the
penalty to be imposed if the defendant is found guilty,
whether–
(A) the specific act or failure to act which constitutes
the violation for which the action was brought is
the subject of a conciliation agreement entered into
between the defendant and the Commission under
subparagraph (a)(4)(A);
(B) the conciliation agreement is in effect; and
(C) the defendant is, with respect to the violation
involved, in compliance with the conciliation
agreement.
*****
251
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents