[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR233.12]

[Page 83]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 233--INSPECTION SERVICE AUTHORITY--Table of Contents
 
Sec. 233.12  Civil penalties.

    False representation and lottery orders--
    (a) Issuance. Pursuant to 39 U.S.C. 3005, the Judicial Officer of 
the Postal Service, acting upon a satisfactory evidentiary basis, may 
issue a mail return and/or a cease and desist order against anyone 
engaged in conducting a scheme or device for obtaining money or property 
through the mail by means of a false representation, including the 
mailing of matter which is nonmailable, or engaged in conducting a 
lottery, gift enterprise, or scheme for the distribution of money or of 
real or personal property, by lottery, chance, or drawing of any kind.
    (b) Enforcement. Pursuant to 39 U.S.C. 3012, any person:
    (1) Who, through the use of the mail, evades or attempts to evade 
the effect of an order issued under 39 U.S.C. 3005(a)(1) or 3005(a)(2);
    (2) Who fails to comply with an order issued under 39 U.S.C. 
3005(a)(3); or
    (3) Who (other than a publisher described by 39 U.S.C. 3007(b)) has 
actual knowledge of any such order, is in privity with any person 
described by paragraph (b) (1) or (2) of this section, and engages in 
conduct to assist any such person to evade, attempt to evade, or fail to 
comply with such order, as the case may be, through the use of the mail;

Shall be liable to the United States for a civil penalty in an amount 
not to exceed $11,000 for each day that such person engages in conduct 
described by this paragraph (b). A separate penalty may be assessed 
under this paragraph (b) with respect to the conduct described by 
paragraphs (b) (1), (2), or (3) of this section.

[61 FR 56450, Nov. 1, 1996]