§11902. Civil penalty for accepting rebates from common carrier

A person (1) delivering property to a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title for transportation under this subtitle or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country, and (2) knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff filed with the Commission under subchapter IV of chapter 107 of this title, is liable to the United States Government for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457 .)

The word "person" is substituted for "person, corporation, or company" in view of the definition of "person" in section 10102 of the revised title. The words "subject to sections 41, 42, or 43 of this title" are omitted as unnecessary in view of the restatement. The words "State or territory or possession of the United States" are substituted for "State, Territory, or the District of Columbia" in view of the definition of "State" in section 10102 of this title and for consistency. The words "by any means" are substituted for "by employee, agent, officer, or otherwise, directly or indirectly, by or through any means or device whatsoever" as being more inclusive. The words "contained in a tariff filed with the Commission under subchapter IV of chapter 107 of this title" are substituted for "fixed by the schedules of rates provided for in said sections" for clarity. The words "in addition to any penalty provided by said sections" are omitted as unnecessary. The words between the first and last semicolons are omitted in view of sections 516, 1355, and 2461 of title 28. The words "and in the trial of said action" are omitted as surplus.

Section Referred to in Other Sections

This section is referred to in sections 11126, 11916 of this title.