Section 503(b) of the Act authorizes the Commission to impose a forfeiture against any entity that “willfully or repeatedly fail to comply with any of the provisions of [the Act] or of any rule, regulation, or order issued by the Commission.”14 Here, Section 503(b)(2)(D) of the Act authorizes us to assess a forfeiture against Mr. Dawson up to $18,936 for each day of a continuing violation, up to a statutory maximum of $142,021
for a single act or failure to act.
15. In exercising our forfeiture authority, we must consider the “nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.”16 In addition, the Commission has established forfeiture guidelines; they establish base penalties for certain violations and identify criteria that we consider when determining the appropriate penalty in any given case.17 Under these guidelines, we may adjust a forfeiture upward for violations that are egregious, intentional, or repeated, or that cause substantial harm or generate substantial economic gain for the violator.18 Section 1.80(b) of the Rules sets a base forfeiture of $10,000 for operation without an instrument of authorization for each violation or each day of a continuing violation.
The LID got off cheap...
All the Best
Gary