If an enterprise fails to comply with an order by the Director imposing a civil money penalty under this section, after the order is no longer subject to review, as provided in sections 4582 and 4583 of this title, the Director may bring an action in the United States District Court for the District of Columbia to obtain a monetary judgment against the enterprise, and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the order imposing the penalty shall not be subject to review.
12 U.S. Code § 4585 - Civil money penalties
(a) AuthorityThe Director may impose a civil money penalty, in accordance with the provisions of this section, on any enterprise that has failed to—
(b) Amount of penaltyThe amount of a penalty under this section, as determined by the Director, may not exceed—
for any failure described in paragraph (1), (5), or (6) of subsection (a), $100,000 for each day that the failure occurs; and
(1) EstablishmentThe Director shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures—
may provide for review by the Director of any determination or order, or interlocutory ruling, arising from a hearing.
(2) Factors in determining amount of penaltyIn determining the amount of a penalty under this section, the Director shall give consideration to factors including—
deterrence of future violations;
the length of time that the enterprise should reasonably take to achieve the goal; and
such other factors as the Director may determine, by regulation, to be appropriate.
(d) Action to collect penalty
(e) Settlement by Director
(f) Deposit of penalties
References in Text