Criminal penalties

  1. Law
  2. USC 29
  3. Labor
  4. EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
  5. PROTECTION OF EMPLOYEE BENEFIT RIGHTS
  6. administration and enforcement
  7. Criminal penalties

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§1131. Criminal penalties

(a) Any person who willfully violates any provision of part 1 of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $100,000 or imprisoned not more than 10 years, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $500,000.

(b) Any person that violates section 1149 of this title shall upon conviction be imprisoned not more than 10 years or fined under title 18, or both.

( Pub. L. 93–406, title I, §501, Sept. 2, 1974, 88 Stat. 891 ; Pub. L. 107–204, title IX, §904, July 30, 2002, 116 Stat. 805 ; Pub. L. 111–148, title VI, §6601(b), Mar. 23, 2010, 124 Stat. 779 .)

Amendments

2010-Pub. L. 111–148 designated existing provisions as subsec. (a) and added subsec. (b).

2002-Pub. L. 107–204 substituted "$100,000" for "$5,000", "10 years" for "one year", and "$500,000" for "$100,000".

Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.


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