or the attorney general of a State as provided by 
subsection (d), shall have any authority to enforce 
this Act or any rule prescribed pursuant to this Act. 
(d) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) CIVIL ACTION.—In any case in which the 
attorney general of a State has reason to believe 
that an interest of the residents of that State has 
been or is threatened or adversely affected by any 
person who violates subsection (a), the attorney gen-
eral, as parens patriae, may bring a civil action on 
behalf of the residents of the State in a district 
court of the United States of appropriate jurisdic-
tion— 
(A) to enjoin further violation of such sec-
tion by the defendant; 
(B) to compel compliance with such sec-
tion; or 
(C) to impose a civil penalty under sub-
section (e). 
(2) INTERVENTION BY THE FTC.— 
(A) NOTICE
AND
INTERVENTION.—The 
State shall provide prior written notice of any 
action under paragraph (1) to the Federal 
Trade Commission and provide the Commission 
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with a copy of its complaint, except in any case 
in which such prior notice is not feasible, in 
which case the State shall serve such notice im-
mediately upon instituting such action. The 
Commission shall have the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(B) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
this Act, no attorney general of a State may 
bring an action under this subsection during 
the pendency of that action against any defend-
ant named in the complaint of the Commission 
for any violation of this Act alleged in the com-
plaint. 
(3) CONSTRUCTION WITH RESPECT TO POWERS 
CONFERRED
BY
STATE
LAW.—For purposes of 
bringing any civil action under paragraph (1), noth-
ing in this Act shall be construed to prevent an at-
torney general of a State from exercising the powers 
conferred on the attorney general by the laws of that 
State. 
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(e) CIVIL PENALTY.— 
(1) IN
GENERAL.—Notwithstanding any civil 
penalty that otherwise applies to a violation of a rule 
referred to in subsection (c)(1), any person who vio-
lates subsection (a) shall be liable for a civil penalty 
under this subsection. 
(2) AMOUNT.—The amount of a civil penalty 
under this subsection shall be an amount equal to— 
(A) in the case of a wholesale sale in viola-
tion of subsection (a), the sum of— 
(i) 3 times the difference between— 
(I) the total amount charged in 
the wholesale sale; and 
(II) the total amount that would 
be charged in such a wholesale sale 
made at the wholesale fair market 
price; plus 
(ii) 
an 
amount 
not 
to 
exceed 
$3,000,000 per day of a continuing viola-
tion; or 
(B) in the case of a retail sale in violation 
of subsection (a), 3 times the difference be-
tween— 
(i) the total amount charged in the 
sale; and 
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(ii) the total amount that would be 
charged in such a sale at the fair market 
price for such a sale. 
(3) DEPOSIT.—Of the amount of any civil pen-
alty imposed under this section with respect to any 
sale in violation of subsection (a) to a person that 
resides in a State, the portion of such amount that 
is determined under subparagraph (A)(i) or (B) (or 
both) of paragraph (2) shall be deposited into— 
(A) any account or fund established under 
the laws of the State and used for paying com-
pensation to consumers for violations of State 
consumer protection laws; or 
(B) in the case of a State for which no 
such account or fund is establish by State law, 
into the general fund of the State treasury. 
(f) CRIMINAL PENALTY.— 
(1) IN
GENERAL.—In addition to any other 
penalty that applies, a violation of subsection (a) is 
punishable— 
(A) in the case of a wholesale sale in viola-
tion of subsection (a), by a fine of not more 
than $150,000,000, imprisonment for not more 
than 2 years, or both; or 
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(B) in the case of a retail sale in violation 
of subsection (a), by a fine of not more than 
$2,000,000, imprisonment for not more than 2 
years, or both. 
(2) ENFORCEMENT.—The criminal penalty pro-
vided by paragraph (1) may be imposed only pursu-
ant to a criminal action brought by the Attorney 
General or other officer of the Department of Jus-
tice, or any attorney specially appointed by the At-
torney General, in accordance with section 515 of 
title 28, United States Code. 
Æ 
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