18 U.S.C. § 216
Penalties and injunctions
A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, § 216, formerly § 221, amended
Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87–849.
1990—Subsec. (a). Pub. L. 101–280, § 5(f)(1), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.
Subsec. (b). Pub. L. 101–280, § 5(f)(2), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.
Notes of Decisions
Cited in 43
cases (4 in the last 5 years), 1935–2026 · leading case: United States v. Proj. on Gov't Oversight, 616 F.3d 544 (D.C. Cir. 2010).
United States v. Proj. on Gov't Oversight, 616 F.3d 544 (D.C. Cir. 2010). “The district court also considered the appropriate penalties under 18 U.S.C. § 216 (b), which provides for "a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount…”
Chrysler Corp. v. Brown, 441 U.S. 281 (1979). “): "It shall be unlawful for any collector, deputy collector, agent, clerk, or other officer or employee of the United States to divulge or to make known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or…”
De Luna-Guerrero v. North Carolina Grower's Ass'n, Inc., 338 F. Supp. 2d 649 (E.D.N.C. 2004). “3 Here, the court finds that the plaintiffs have shown that they are similarly situated under 18 U.S.C. § 216 (b). The proposed class of opt-in plaintiffs all worked for defendant NCGA and all complain of defendants’ reimbursement policy, which they allege resulted in a minimum…”
United States v. Proj. on Gov't Oversight, 484 F. Supp. 2d 56 (D.D.C. 2007). “The question presented by the motion to dismiss now before the Court is which of two possible statutes of limitations applies to a suit in which the United States seeks to impose a civil penalty pursuant to 18 U.”
United States v. Proj. on Gov't Oversight, 454 F.3d 306 (D.C. Cir. 2006). “The referenced section, § 216(a), provides that whoever “en *309 gages in the conduct constituting the offense” shall be imprisoned for not more than one year, 18 U.S.C. § 216 (a)(1), and that whoever “willfully engages in the conduct constituting the offense” shall be…”
United States v. Mississippi Valley Generating Co., 364 U.S. 520 (1961). “It should also be noted that Hughes was aware of most of Wenzell's activities, both those which we have described and those which we have not mentioned in detail.”
United States v. Proj. on Gov't Oversight, 543 F. Supp. 2d 55 (D.D.C. 2008). “The Court established a briefing schedule for those motions and also ordered supplemental briefing concerning the appropriate penalty, if any, to impose in this case pursuant to 18 U.S.C. § 216 (b). Those fully briefed motions are presently before the Court.”
In Re JP Morgan Chase Sec. Litig., 363 F. Supp. 2d 595 (S.D.N.Y. 2005). “Alleged Failure to Disclose Legal and Financial Liability JPM Chase allegedly failed to convey to the public that it had violated 18 U.S.C. §§ 216 and 1005. Section 1005 8 prohibits making false entries in disclosures with the fraudulent intent to deceive government entities or…”
Physicians For Soc. Responsibility v. Wheeler, 359 F. Supp. 3d 27 (D.C. Cir. 2019). “Violators are subject to criminal and civil sanctions under 18 U.S.C. § 216 . Id. But there are exceptions.”
Gulf Grp. Gen. Enter. Co. W.l.l., Plaintiff, v. United States, Defendant, 114 Fed. Cl. 258 (Fed. Cl. 2013). “18 U.S.C. § 216 provides: (a) The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following: (1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth…”
Cna Fin. Corp. v. Raymond J. Donovan, Sec'y of Labor, 830 F.2d 1132 (D.C. Cir. 1987). “18 U.S.C. § 216 (1940). 80 . In its entirety it read: It shall be unlawful for any member of the [Tariff] commission, or for any employee, agent, or clerk of the commission, or any other officer or employee of the United States, to divulge, or to make known in any manner…”
L-3 Commc'ns Integrated Sys., L.P. v. United States, 79 Fed. Cl. 453 (Fed. Cl. 2007). “” 18 U.S.C. § 216 prescribes fines, prison terms, and civil penalties for wilful and nonwilful violations of section 208.”
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