42 USC 14944 – Enforcement
(a) Civil penalties
Any person who—
(1) violates section 14921 of this title;
(2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—
(A) a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;
(B) the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or
(C) a decision or action of any entity performing a central authority function; or
(3) engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation.
(b) Civil enforcement
(1) Authority of Attorney General
The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.
(2) Factors to be considered in imposing penalties
In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.
(c) Criminal penalties
Terms Used In 42 USC 14944
- accrediting entity: means an entity designated under section 14922(a) of this title to accredit agencies and approve persons under subchapter II. See 42 USC 14902
- agency: means any person other than an individual. See 42 USC 14902
- Attorney General: means the Attorney General, acting through the Commissioner of Immigration and Naturalization. See 42 USC 14902
- central authority: means the entity designated as such by any Convention country under Article 6(1) of the Convention. See 42 USC 14902
- Convention: means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993. See 42 USC 14902
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.