5300. Every person who willfully violates or willfully fails to
comply with any of the provisions of this division is guilty of a
public offense. Except where the offense is declared to be a felony
or a misdemeanor or a different punishment is prescribed, a person
convicted under this section shall be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the county
jail not exceeding one year or in the state prison, or by both that
fine and imprisonment.
5301. (a) The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation, order
issued by the commissioner, or of any condition imposed in writing
by the commissioner in connection with any grant of any application
or request by the savings association or of a written agreement
between the savings association and the commissioner to the Attorney
General or to the district attorney of the county in which the
violation occurred, who may, with or without such a referral,
institute appropriate civil or criminal proceedings under this
division.
(b) The commissioner and his or her counsel, deputies, or
assistants may, upon request of the Attorney General or district
attorney, assist the Attorney General or district attorney in
presenting law or facts at any trial in these proceedings.
5302. (a) Whoever knowingly violates subdivision (a) or (b) of
Section 6525.5 shall be punished by a fine of not more than one
million dollars ($1,000,000) for each day the violation continues, by
imprisonment in the state prison for 2, 3, or 4 years, or by both
that fine and imprisonment.
(b) Any person who is subject to an order issued pursuant to
Section 8201 who knowingly violates the order, directly or
indirectly, shall be punished by a fine of not more than one million
dollars ($1,000,000) for each day violation continues, by
imprisonment in state prison for 2, 3, or 4 years, or by both that
fine and imprisonment.
5303. Any officer, director, employee, or agent of any association
who (a) willfully makes or knowingly concurs in the making or
publishing of a false or untrue material entry in any book, record,
report, statement concerning the business or affairs of the
association, or statement of condition or in connection with any
transaction of the association, with intent to deceive any officer or
director thereof, or with intent to deceive any agency or examiner,
whether private or public, employed or lawfully appointed to examine
into the association's condition or to examine into any of the
association's affairs or transactions, or with intent to deceive any
public officer, office, or board to which the association is required
by law to report or that has authority by law to examine into the
association's affairs or transactions, (b) with like intent,
willfully omits to make a material new entry of any matter
particularly pertaining to the business, property, condition,
affairs, transactions, assets, or accounts of the association in any
appropriate book, record, report, or statement of the association,
which entry is required to be made by law or generally accepted
accounting principles applicable to a savings institution, or (c)
with like intent, willfully alters, abstracts, conceals, refuses to
allow to be inspected by the commissioner or the commissioner's
deputies or examiners, or destroys any books, records, reports, or
statements of the association made, written, or kept, or required to
be made, written, or kept by him or her or under his or her
direction, shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for two,
three, or four years, or by both that fine and imprisonment.
5304. (a) It is unlawful for any person to corruptly give, offer,
or promise anything of value to any other person, with intent to
influence or reward any institution-affiliated party in connection
with any business or transaction of a savings association.
(b) It is unlawful for any institution-affiliated party to
corruptly solicit or demand for the benefit of any person, or
corruptly accept or agree to accept, anything of value from any
person, intending to be influenced or rewarded in connection with any
business or transaction of the savings association.
(c) Any person who violates subdivision (a) or (b) shall be
punished by a fine of not more than one million dollars ($1,000,000)
or three times the value of the thing given, offered, promised,
solicited, demanded, accepted, or agreed to be accepted, whichever is
greater, by imprisonment in the state prison for 2, 3, or 4 years,
or by both that fine and imprisonment. However, if the value of the
thing given, offered, promised, solicited, demanded, accepted, or
agreed to be accepted does not exceed one thousand dollars ($1,000),
the offense shall instead be punishable by a fine of not more than
one thousand dollars ($1,000), by imprisonment in the county jail for
not more than one year or in the state prison, or by both that fine
and imprisonment.
(d) This section does not apply to bona fide salary, wages, fees,
or other compensation paid, or expenses paid or reimbursed, in the
usual course of business or where the amount of money or monetary
worth of the thing of value is one hundred dollars ($100) or less.
5305. Any institution-affiliated party who abstracts or willfully
misapplies any of the money, funds, or property of the savings
association, or willfully misapplies its credit, is guilty of a
felony and shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for 2, 3,
or 4 years, or by both that fine and imprisonment. However, if the
amount abstracted or willfully misapplied does not exceed two hundred
fifty dollars ($250), the offense shall instead be punishable by a
fine of not more than one thousand dollars ($1,000), by imprisonment
in the county jail for not more than one year or in the state prison,
or by both that fine and imprisonment.
5306. Any institution-affiliated party who knowingly executes, or
attempts to execute, a scheme or artifice to defraud a savings
association or to obtain any of the moneys, funds, credits, assets,
securities or other property owned by or under the custody or control
of a savings association by means of false or fraudulent pretenses,
representations, or promises, shall be punished by a fine of not more
than one million dollars ($1,000,000), by imprisonment in state
prison for 2, 3, or 4 years, or by both that fine and imprisonment.
5307. Whoever willfully and knowingly makes, issues, circulates,
transmits, or causes or knowingly permits to be made, issued,
circulated, or transmitted, any statement or rumor which is written,
printed, reproduced in any manner, or communicated by word of mouth,
that is untrue in fact and is directly or by inference false, or
malicious in that it is calculated to injure the reputation or
business, financial condition, or standing of any association shall
be punished by a fine of not more than ten thousand dollars
($10,000), by imprisonment in the county jail not exceeding one year
or in the state prison, or by both that fine and imprisonment.
5308. Whoever knowingly makes or causes to be made, directly or
indirectly, or through any agency whatsoever, any false statement or
report, or willfully overvalues any land, property, or security, for
the purpose of influencing in any way the action of any association
upon any application, advance, discount, purchase or repurchase
agreement, commitment, or loan or the change or extension of any of
these transactions by renewal, deferment of action, or otherwise, or
the acceptance, release, or substitution of security for these
transactions shall be punished by a fine of not more than ten
thousand dollars ($10,000) or, by imprisonment in the county jail not
exceeding one year or in the state prison, or by both that fine and
imprisonment.
5309. (a) A person shall be sentenced to consecutive terms for each
violation of Section 5303, 5304, 5305, or 5306 up to a mandatory
term of 20 years in state prison if all of the following are charged
in the accusatory pleading and admitted by the defendant, or found to
be true by the trier of fact:
(1) The person is an institution affiliated party.
(2) The person engaged in a pattern and practice of activity
involving multiple violations of Section 5303, 5304, 5305, or 5306.
(3) The person acted with intent to cause substantial harm, or
with reckless disregard of the possibility of causing substantial
harm, to the savings institution.
(4) The violations did in fact result in substantial harm to the
savings institution.
(b) No part of a consecutive sentence required pursuant to
subdivision (a) may be suspended or revoked by the court.
(c) Nothing in subdivision (a) shall limit the court's discretion
to sentence the defendant to a consecutive term longer than provided
for in that subdivision, if otherwise permitted by law.
(d) Nothing in subdivision (a) shall limit the court's discretion
to order consecutive sentences for violations of Section 5303, 5304,
5305, or 5306 under any other provision of law.
5310. (a) Any person violating or conspiring to violate Sections
5303, 5304, 5305, or 5306 shall be subject to a civil penalty in an
amount assessed by the court in a civil action under this section.
(b) The maximum amount of the penalty which may be imposed under
this section shall be determined in accordance with the following:
(1) Except as provided by paragraphs (2) and (3), the civil
penalty shall not exceed one million dollars ($1,000,000).
(2) In the case of a continuing violation, the amount of the civil
penalty may exceed the amount described in paragraph (1), but may
not exceed the lesser of one million dollars ($1,000,000) for each
day the violation continues or five million dollars ($5,000,000).
(3) If any person derives pecuniary gain from the violation, or if
the violation results in pecuniary loss to a person other than the
violator, the amount of the civil penalty may exceed the amounts
described in paragraphs (1) and (2) but may not exceed the amount of
that gain or loss.
(c) A civil action to recover a civil penalty under this section
shall be brought in the name of the people of the State of California
by the Attorney General, who shall be required to establish the
right to recovery by a preponderance of the evidence.
(d) For the purpose of conducting a civil investigation in
contemplation of proceeding under this section, the Attorney General
may do all of the following:
(1) Administer oaths and affirmations.
(2) Take evidence.
(3) By subpoena or subpoena duces tecum, summon witnesses and
require the production of any books, papers, correspondence,
memoranda, or other records which the Attorney General deems relevant
or material to the inquiry.
5311. (a) Any fine or civil penalty imposed under this chapter
shall be based upon the ability of the defendant to pay. In setting
the amount of the fine or civil penalty, consideration shall also be
given to the seriousness of the offense, the amount of any pecuniary
gain by the defendant, and the amount of any pecuniary loss, other
than defendant's own loss, caused by the offense.
(b) A civil penalty may not be imposed against a person under this
chapter if that person has been punished by a fine or imprisonment
for the same violation.
(c) A fine may not be imposed under this chapter if a civil
penalty has previously been imposed for the same violation.
5300. Every person who willfully violates or willfully fails to
comply with any of the provisions of this division is guilty of a
public offense. Except where the offense is declared to be a felony
or a misdemeanor or a different punishment is prescribed, a person
convicted under this section shall be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the county
jail not exceeding one year or in the state prison, or by both that
fine and imprisonment.
5301. (a) The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation, order
issued by the commissioner, or of any condition imposed in writing
by the commissioner in connection with any grant of any application
or request by the savings association or of a written agreement
between the savings association and the commissioner to the Attorney
General or to the district attorney of the county in which the
violation occurred, who may, with or without such a referral,
institute appropriate civil or criminal proceedings under this
division.
(b) The commissioner and his or her counsel, deputies, or
assistants may, upon request of the Attorney General or district
attorney, assist the Attorney General or district attorney in
presenting law or facts at any trial in these proceedings.
5302. (a) Whoever knowingly violates subdivision (a) or (b) of
Section 6525.5 shall be punished by a fine of not more than one
million dollars ($1,000,000) for each day the violation continues, by
imprisonment in the state prison for 2, 3, or 4 years, or by both
that fine and imprisonment.
(b) Any person who is subject to an order issued pursuant to
Section 8201 who knowingly violates the order, directly or
indirectly, shall be punished by a fine of not more than one million
dollars ($1,000,000) for each day violation continues, by
imprisonment in state prison for 2, 3, or 4 years, or by both that
fine and imprisonment.
5303. Any officer, director, employee, or agent of any association
who (a) willfully makes or knowingly concurs in the making or
publishing of a false or untrue material entry in any book, record,
report, statement concerning the business or affairs of the
association, or statement of condition or in connection with any
transaction of the association, with intent to deceive any officer or
director thereof, or with intent to deceive any agency or examiner,
whether private or public, employed or lawfully appointed to examine
into the association's condition or to examine into any of the
association's affairs or transactions, or with intent to deceive any
public officer, office, or board to which the association is required
by law to report or that has authority by law to examine into the
association's affairs or transactions, (b) with like intent,
willfully omits to make a material new entry of any matter
particularly pertaining to the business, property, condition,
affairs, transactions, assets, or accounts of the association in any
appropriate book, record, report, or statement of the association,
which entry is required to be made by law or generally accepted
accounting principles applicable to a savings institution, or (c)
with like intent, willfully alters, abstracts, conceals, refuses to
allow to be inspected by the commissioner or the commissioner's
deputies or examiners, or destroys any books, records, reports, or
statements of the association made, written, or kept, or required to
be made, written, or kept by him or her or under his or her
direction, shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for two,
three, or four years, or by both that fine and imprisonment.
5304. (a) It is unlawful for any person to corruptly give, offer,
or promise anything of value to any other person, with intent to
influence or reward any institution-affiliated party in connection
with any business or transaction of a savings association.
(b) It is unlawful for any institution-affiliated party to
corruptly solicit or demand for the benefit of any person, or
corruptly accept or agree to accept, anything of value from any
person, intending to be influenced or rewarded in connection with any
business or transaction of the savings association.
(c) Any person who violates subdivision (a) or (b) shall be
punished by a fine of not more than one million dollars ($1,000,000)
or three times the value of the thing given, offered, promised,
solicited, demanded, accepted, or agreed to be accepted, whichever is
greater, by imprisonment in the state prison for 2, 3, or 4 years,
or by both that fine and imprisonment. However, if the value of the
thing given, offered, promised, solicited, demanded, accepted, or
agreed to be accepted does not exceed one thousand dollars ($1,000),
the offense shall instead be punishable by a fine of not more than
one thousand dollars ($1,000), by imprisonment in the county jail for
not more than one year or in the state prison, or by both that fine
and imprisonment.
(d) This section does not apply to bona fide salary, wages, fees,
or other compensation paid, or expenses paid or reimbursed, in the
usual course of business or where the amount of money or monetary
worth of the thing of value is one hundred dollars ($100) or less.
5305. Any institution-affiliated party who abstracts or willfully
misapplies any of the money, funds, or property of the savings
association, or willfully misapplies its credit, is guilty of a
felony and shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for 2, 3,
or 4 years, or by both that fine and imprisonment. However, if the
amount abstracted or willfully misapplied does not exceed two hundred
fifty dollars ($250), the offense shall instead be punishable by a
fine of not more than one thousand dollars ($1,000), by imprisonment
in the county jail for not more than one year or in the state prison,
or by both that fine and imprisonment.
5306. Any institution-affiliated party who knowingly executes, or
attempts to execute, a scheme or artifice to defraud a savings
association or to obtain any of the moneys, funds, credits, assets,
securities or other property owned by or under the custody or control
of a savings association by means of false or fraudulent pretenses,
representations, or promises, shall be punished by a fine of not more
than one million dollars ($1,000,000), by imprisonment in state
prison for 2, 3, or 4 years, or by both that fine and imprisonment.
5307. Whoever willfully and knowingly makes, issues, circulates,
transmits, or causes or knowingly permits to be made, issued,
circulated, or transmitted, any statement or rumor which is written,
printed, reproduced in any manner, or communicated by word of mouth,
that is untrue in fact and is directly or by inference false, or
malicious in that it is calculated to injure the reputation or
business, financial condition, or standing of any association shall
be punished by a fine of not more than ten thousand dollars
($10,000), by imprisonment in the county jail not exceeding one year
or in the state prison, or by both that fine and imprisonment.
5308. Whoever knowingly makes or causes to be made, directly or
indirectly, or through any agency whatsoever, any false statement or
report, or willfully overvalues any land, property, or security, for
the purpose of influencing in any way the action of any association
upon any application, advance, discount, purchase or repurchase
agreement, commitment, or loan or the change or extension of any of
these transactions by renewal, deferment of action, or otherwise, or
the acceptance, release, or substitution of security for these
transactions shall be punished by a fine of not more than ten
thousand dollars ($10,000) or, by imprisonment in the county jail not
exceeding one year or in the state prison, or by both that fine and
imprisonment.
5309. (a) A person shall be sentenced to consecutive terms for each
violation of Section 5303, 5304, 5305, or 5306 up to a mandatory
term of 20 years in state prison if all of the following are charged
in the accusatory pleading and admitted by the defendant, or found to
be true by the trier of fact:
(1) The person is an institution affiliated party.
(2) The person engaged in a pattern and practice of activity
involving multiple violations of Section 5303, 5304, 5305, or 5306.
(3) The person acted with intent to cause substantial harm, or
with reckless disregard of the possibility of causing substantial
harm, to the savings institution.
(4) The violations did in fact result in substantial harm to the
savings institution.
(b) No part of a consecutive sentence required pursuant to
subdivision (a) may be suspended or revoked by the court.
(c) Nothing in subdivision (a) shall limit the court's discretion
to sentence the defendant to a consecutive term longer than provided
for in that subdivision, if otherwise permitted by law.
(d) Nothing in subdivision (a) shall limit the court's discretion
to order consecutive sentences for violations of Section 5303, 5304,
5305, or 5306 under any other provision of law.
5310. (a) Any person violating or conspiring to violate Sections
5303, 5304, 5305, or 5306 shall be subject to a civil penalty in an
amount assessed by the court in a civil action under this section.
(b) The maximum amount of the penalty which may be imposed under
this section shall be determined in accordance with the following:
(1) Except as provided by paragraphs (2) and (3), the civil
penalty shall not exceed one million dollars ($1,000,000).
(2) In the case of a continuing violation, the amount of the civil
penalty may exceed the amount described in paragraph (1), but may
not exceed the lesser of one million dollars ($1,000,000) for each
day the violation continues or five million dollars ($5,000,000).
(3) If any person derives pecuniary gain from the violation, or if
the violation results in pecuniary loss to a person other than the
violator, the amount of the civil penalty may exceed the amounts
described in paragraphs (1) and (2) but may not exceed the amount of
that gain or loss.
(c) A civil action to recover a civil penalty under this section
shall be brought in the name of the people of the State of California
by the Attorney General, who shall be required to establish the
right to recovery by a preponderance of the evidence.
(d) For the purpose of conducting a civil investigation in
contemplation of proceeding under this section, the Attorney General
may do all of the following:
(1) Administer oaths and affirmations.
(2) Take evidence.
(3) By subpoena or subpoena duces tecum, summon witnesses and
require the production of any books, papers, correspondence,
memoranda, or other records which the Attorney General deems relevant
or material to the inquiry.
5311. (a) Any fine or civil penalty imposed under this chapter
shall be based upon the ability of the defendant to pay. In setting
the amount of the fine or civil penalty, consideration shall also be
given to the seriousness of the offense, the amount of any pecuniary
gain by the defendant, and the amount of any pecuniary loss, other
than defendant's own loss, caused by the offense.
(b) A civil penalty may not be imposed against a person under this
chapter if that person has been punished by a fine or imprisonment
for the same violation.
(c) A fine may not be imposed under this chapter if a civil
penalty has previously been imposed for the same violation.
5300. Every person who willfully violates or willfully fails to
comply with any of the provisions of this division is guilty of a
public offense. Except where the offense is declared to be a felony
or a misdemeanor or a different punishment is prescribed, a person
convicted under this section shall be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the county
jail not exceeding one year or in the state prison, or by both that
fine and imprisonment.
5301. (a) The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation, order
issued by the commissioner, or of any condition imposed in writing
by the commissioner in connection with any grant of any application
or request by the savings association or of a written agreement
between the savings association and the commissioner to the Attorney
General or to the district attorney of the county in which the
violation occurred, who may, with or without such a referral,
institute appropriate civil or criminal proceedings under this
division.
(b) The commissioner and his or her counsel, deputies, or
assistants may, upon request of the Attorney General or district
attorney, assist the Attorney General or district attorney in
presenting law or facts at any trial in these proceedings.
5302. (a) Whoever knowingly violates subdivision (a) or (b) of
Section 6525.5 shall be punished by a fine of not more than one
million dollars ($1,000,000) for each day the violation continues, by
imprisonment in the state prison for 2, 3, or 4 years, or by both
that fine and imprisonment.
(b) Any person who is subject to an order issued pursuant to
Section 8201 who knowingly violates the order, directly or
indirectly, shall be punished by a fine of not more than one million
dollars ($1,000,000) for each day violation continues, by
imprisonment in state prison for 2, 3, or 4 years, or by both that
fine and imprisonment.
5303. Any officer, director, employee, or agent of any association
who (a) willfully makes or knowingly concurs in the making or
publishing of a false or untrue material entry in any book, record,
report, statement concerning the business or affairs of the
association, or statement of condition or in connection with any
transaction of the association, with intent to deceive any officer or
director thereof, or with intent to deceive any agency or examiner,
whether private or public, employed or lawfully appointed to examine
into the association's condition or to examine into any of the
association's affairs or transactions, or with intent to deceive any
public officer, office, or board to which the association is required
by law to report or that has authority by law to examine into the
association's affairs or transactions, (b) with like intent,
willfully omits to make a material new entry of any matter
particularly pertaining to the business, property, condition,
affairs, transactions, assets, or accounts of the association in any
appropriate book, record, report, or statement of the association,
which entry is required to be made by law or generally accepted
accounting principles applicable to a savings institution, or (c)
with like intent, willfully alters, abstracts, conceals, refuses to
allow to be inspected by the commissioner or the commissioner's
deputies or examiners, or destroys any books, records, reports, or
statements of the association made, written, or kept, or required to
be made, written, or kept by him or her or under his or her
direction, shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for two,
three, or four years, or by both that fine and imprisonment.
5304. (a) It is unlawful for any person to corruptly give, offer,
or promise anything of value to any other person, with intent to
influence or reward any institution-affiliated party in connection
with any business or transaction of a savings association.
(b) It is unlawful for any institution-affiliated party to
corruptly solicit or demand for the benefit of any person, or
corruptly accept or agree to accept, anything of value from any
person, intending to be influenced or rewarded in connection with any
business or transaction of the savings association.
(c) Any person who violates subdivision (a) or (b) shall be
punished by a fine of not more than one million dollars ($1,000,000)
or three times the value of the thing given, offered, promised,
solicited, demanded, accepted, or agreed to be accepted, whichever is
greater, by imprisonment in the state prison for 2, 3, or 4 years,
or by both that fine and imprisonment. However, if the value of the
thing given, offered, promised, solicited, demanded, accepted, or
agreed to be accepted does not exceed one thousand dollars ($1,000),
the offense shall instead be punishable by a fine of not more than
one thousand dollars ($1,000), by imprisonment in the county jail for
not more than one year or in the state prison, or by both that fine
and imprisonment.
(d) This section does not apply to bona fide salary, wages, fees,
or other compensation paid, or expenses paid or reimbursed, in the
usual course of business or where the amount of money or monetary
worth of the thing of value is one hundred dollars ($100) or less.
5305. Any institution-affiliated party who abstracts or willfully
misapplies any of the money, funds, or property of the savings
association, or willfully misapplies its credit, is guilty of a
felony and shall be punished by a fine of not more than one million
dollars ($1,000,000), by imprisonment in the state prison for 2, 3,
or 4 years, or by both that fine and imprisonment. However, if the
amount abstracted or willfully misapplied does not exceed two hundred
fifty dollars ($250), the offense shall instead be punishable by a
fine of not more than one thousand dollars ($1,000), by imprisonment
in the county jail for not more than one year or in the state prison,
or by both that fine and imprisonment.
5306. Any institution-affiliated party who knowingly executes, or
attempts to execute, a scheme or artifice to defraud a savings
association or to obtain any of the moneys, funds, credits, assets,
securities or other property owned by or under the custody or control
of a savings association by means of false or fraudulent pretenses,
representations, or promises, shall be punished by a fine of not more
than one million dollars ($1,000,000), by imprisonment in state
prison for 2, 3, or 4 years, or by both that fine and imprisonment.
5307. Whoever willfully and knowingly makes, issues, circulates,
transmits, or causes or knowingly permits to be made, issued,
circulated, or transmitted, any statement or rumor which is written,
printed, reproduced in any manner, or communicated by word of mouth,
that is untrue in fact and is directly or by inference false, or
malicious in that it is calculated to injure the reputation or
business, financial condition, or standing of any association shall
be punished by a fine of not more than ten thousand dollars
($10,000), by imprisonment in the county jail not exceeding one year
or in the state prison, or by both that fine and imprisonment.
5308. Whoever knowingly makes or causes to be made, directly or
indirectly, or through any agency whatsoever, any false statement or
report, or willfully overvalues any land, property, or security, for
the purpose of influencing in any way the action of any association
upon any application, advance, discount, purchase or repurchase
agreement, commitment, or loan or the change or extension of any of
these transactions by renewal, deferment of action, or otherwise, or
the acceptance, release, or substitution of security for these
transactions shall be punished by a fine of not more than ten
thousand dollars ($10,000) or, by imprisonment in the county jail not
exceeding one year or in the state prison, or by both that fine and
imprisonment.
5309. (a) A person shall be sentenced to consecutive terms for each
violation of Section 5303, 5304, 5305, or 5306 up to a mandatory
term of 20 years in state prison if all of the following are charged
in the accusatory pleading and admitted by the defendant, or found to
be true by the trier of fact:
(1) The person is an institution affiliated party.
(2) The person engaged in a pattern and practice of activity
involving multiple violations of Section 5303, 5304, 5305, or 5306.
(3) The person acted with intent to cause substantial harm, or
with reckless disregard of the possibility of causing substantial
harm, to the savings institution.
(4) The violations did in fact result in substantial harm to the
savings institution.
(b) No part of a consecutive sentence required pursuant to
subdivision (a) may be suspended or revoked by the court.
(c) Nothing in subdivision (a) shall limit the court's discretion
to sentence the defendant to a consecutive term longer than provided
for in that subdivision, if otherwise permitted by law.
(d) Nothing in subdivision (a) shall limit the court's discretion
to order consecutive sentences for violations of Section 5303, 5304,
5305, or 5306 under any other provision of law.
5310. (a) Any person violating or conspiring to violate Sections
5303, 5304, 5305, or 5306 shall be subject to a civil penalty in an
amount assessed by the court in a civil action under this section.
(b) The maximum amount of the penalty which may be imposed under
this section shall be determined in accordance with the following:
(1) Except as provided by paragraphs (2) and (3), the civil
penalty shall not exceed one million dollars ($1,000,000).
(2) In the case of a continuing violation, the amount of the civil
penalty may exceed the amount described in paragraph (1), but may
not exceed the lesser of one million dollars ($1,000,000) for each
day the violation continues or five million dollars ($5,000,000).
(3) If any person derives pecuniary gain from the violation, or if
the violation results in pecuniary loss to a person other than the
violator, the amount of the civil penalty may exceed the amounts
described in paragraphs (1) and (2) but may not exceed the amount of
that gain or loss.
(c) A civil action to recover a civil penalty under this section
shall be brought in the name of the people of the State of California
by the Attorney General, who shall be required to establish the
right to recovery by a preponderance of the evidence.
(d) For the purpose of conducting a civil investigation in
contemplation of proceeding under this section, the Attorney General
may do all of the following:
(1) Administer oaths and affirmations.
(2) Take evidence.
(3) By subpoena or subpoena duces tecum, summon witnesses and
require the production of any books, papers, correspondence,
memoranda, or other records which the Attorney General deems relevant
or material to the inquiry.
5311. (a) Any fine or civil penalty imposed under this chapter
shall be based upon the ability of the defendant to pay. In setting
the amount of the fine or civil penalty, consideration shall also be
given to the seriousness of the offense, the amount of any pecuniary
gain by the defendant, and the amount of any pecuniary loss, other
than defendant's own loss, caused by the offense.
(b) A civil penalty may not be imposed against a person under this
chapter if that person has been punished by a fine or imprisonment
for the same violation.
(c) A fine may not be imposed under this chapter if a civil
penalty has previously been imposed for the same violation.
