U.S. Code » Title 42 » Chapter CHAPTER 68— DISASTER RELIEF › Subchapter SUBCHAPTER III— MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

42 U.S.C. § 5157

Penalties

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(a) Misuse of funds

Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this chapter shall be fined an amount equal to one and one-half times the misapplied amount of the proceeds or cash benefit.

(b) Civil enforcement

Whenever it appears that any person has violated or is about to violate any provision of this chapter, including any civil penalty imposed under this chapter, the Attorney General may bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court.

(c) Referral to Attorney General

The President shall expeditiously refer to the Attorney General for appropriate action any evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution.

(d) Civil penalty

Any individual who knowingly violates any order or regulation issued under this chapter shall be subject to a civil penalty of not more than $5,000 for each violation.

(Pub. L. 93–288, title III, § 314, as added Pub. L. 100–707, title I, § 105(k), Nov. 23, 1988, 102 Stat. 4694.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 5157, Pub. L. 93–288, title III, § 317, May 22, 1974, 88 Stat. 152, related to criminal and civil penalties, prior to repeal by Pub. L. 100–707, § 105(k).

A prior section 314 of Pub. L. 93–288 was classified to section 5154 of this title prior to repeal by Pub. L. 100–707.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1984–2021 · leading case: Columbus Reg'l Hosp. v. United States, 990 F.3d 1330 (Fed. Cir. 2021).
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Columbus Reg'l Hosp. v. United States, 990 F.3d 1330 (Fed. Cir. 2021). “, 42 U.S.C. § 5157 (“Penalties”); id. § 5155(c) (“Recovery of duplicative benefits”); 44 C.”
United States v. Thomas Earl Davis, 809 F.2d 1509 (11th Cir. 1987). · cites it 3× “§ 3729 , and a directed verdict in favor of the government on its claim that Davis misapplied loan proceeds in violation of 42 U.S.C. § 5157 . We reverse the judgment n.”
State of NY v. O'HARA, 595 F. Supp. 1101 (W.D.N.Y. 1984). · cites it 2× “42 U.S.C. § 5157 (a), (b), (c). The maximum penalties under subsections (a) and (b) are $10,000 and $5,000, respectively.”
United States v. Davis (In re Davis), 116 B.R. 306 (D. Ga. 1990). · cites it 4× “After hearing argument of counsel, this court took under advisement the issue of whether the burden of proof in 42 U.S.C.A. § 5157 2 is clear and convincing.”
Ozuzu v. Greenpoint Mortg. Funding (E.D.N.Y 2020). “See 42 U.S.C. § 5157 . It does not create a private right of action for individuals to sue other private entities for misuse of funds, as the plaintiff seeks to do here.”
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