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1942, ch. 318, § 1, 56 Stat. 291, and amended Aug. 28, 1957, Pub. L. 85-176, 71 Stat. 452; July 12, 1960, Pub. L. 88-615, § 6, 74 Stat. 385.)

REFERENCES IN TEXT

The national transportation policy, referred to in subsecs. (c) and (1), is set out as a note preceding section 1001 of this title.

This act, referred to in subsecs. (c) and (1), means the Interstate Commerce Act, which is classified to this chapter and chapters 1, 8, 12, and 19 of this title.

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-615 designated existing provisions as par. (1) and added pars. (2) and (3). 1957-Subsec. (d). Pub. L. 85-176, inserted the words "by a corporation controlled by, or under common control with, a common carrier subject to chapter 1 of this title". EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, upon the issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, upon the issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding former section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding former section 491 of Title 48. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1011, 1017 of this title.

§ 1011. Relationships between freight forwarders and other persons.

(a) (1) It shall be unlawful for a freight forwarder, or any person controlling, controlled by, or under common control with a freight forwarded, to acquire control of a carrier subject to chapters 1, 8, or 12 of this title; except that this subsection shall not limit the right of any carrier subject to said chapters to acquire control of any other carrier subject to said chapters in accordance with the provisions of section 5 of this title.

(2) It shall be unlawful to continue to maintain control accomplished or effectuated after this subsection takes effect and in violation of its provisions.

(b) It shall be unlawful for any person whose principal business is that of manufacturing and selling and/or buying and selling articles or commodities, and whose business operations are of such a character that services of a freight forwarder or forwarders (or similar assembling, consolidating. and shipping operations performed by such person for itself) are commonly used in connection with the transportation of such articles or commodities, or for any person controlling, controlled by, or under common control with such person, to engage in service subject to this chapter: Provided, however, That the Commission shall have power to issue a permit, under section 1010 of this title, to any such person upon a finding that the proposed service will be consistent with the public interest and with the national transportation policy declared in this Act and that the applicant is otherwise qualified under section 1010 of this title: And provided further, That any such person who has been continuously engaged in business as a freight forwarder since October 1, 1941, and is on May 16, 1942, so en47-500 0-71-vol. 10 -83

gaged, shall have the same authority to continue to engage in service subject to this chapter, until otherwise ordered by the Commission, as is granted to other persons under the provisions of section 1010 (a) of this title.

(c) After the expiration of six months from May 16, 1942, it shall be unlawful for any director, officer, employee, or agent of any common carrier subject to chapters 1, 8, or 12 of this title or of any person controlling, controlled by, or under common control with such a common carrier, in his or their own personal pecuniary interest, to own, lease, control, or hold stock in, any freight forwarder, directly or indirectly; but this subsection shall not forbid or preclude the holding of a director's qualifying shares of stock from which no personal pecuniary benefit is derived by the holder.

(d) The Commission is hereby authorized, upon complaint, or upon its own initiative without complaint, but after notice and hearing, to investigate and determine whether any person is violating the provisions of subsections (a), (b), or (c) of this section. If the Commission finds after such investigation that such person is violating any of such provisions, it shall by order require such persons to take such action as may be necessary, in the opinion of the Commission, to prevent continuance of such violation. The provisions of this subsection shall be in addition to, and not in substitution for, any other enforcement provisions contained in, or applicable for purposes of enforcement of, this chapter.

(e) The district courts of the United States shall have jurisdiction upon the complaint of the Commission, alleging a violation of any of the provisions of subsections (a), (b), or (c) of this section or disobedience of any any1 order issued by the Commission thereunder by any person, to issue such writs of injunction or other proper process, mandatory or otherwise, as may be necessary to restrain such person from violation of such provision or to compel obedience to such order.

(f) The Commission may from time to time, for good cause shown, make such orders supplemental to any order made under the foregoing provisions of this section as it may deem necessary or appropriate.

(g) Nothing in this Act shall be construed to make it unlawful for any common carrier subject to chapters 1, 8, or 12 of this title or any person controlling such a common carrier, to have or to acquire control of a freight forwarder or freight forwarders; and, in any case where such control exists, no rate, charge, classification, rule, regulation, or practice of the common carrier or of any freight forwarder controlled by such common carrier, or under common control with such common carrier, shall be held to be unlawful under any provision of this Act because of the relationship between such common carrier and such freight forwarder. (Feb. 4, 1887, ch. 104, pt. IV, § 411, as added May 16, 1942, ch. 318, § 1, 56 Stat. 293.)

REFERENCES IN TEXT

The national transportation policy, referred to in subsec. (b), is set out as a note preceding section 1001 of this title. This Act, referred to in subsecs. (b) and (g), means the Interstate Commerce Act, which is classified to this chapter and chapters 1, 8, 12, and 19 of this title.

1 So in original.

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

§ 1012. Accounts, records, and reports.

(a) For purposes of administration of the provisions of this chapter, the Commission is authorized to require annual, periodical, or special reports from freight forwarders and associations (as defined in this section), and to prescribe the manner and form in which such reports shall be made, and to require from such forwarders and associations specific, full, true, and correct answers to all questions upon which the Commission may deem information to be necessary. Such annual report shall give an account of the affairs of the freight forwarder or association in such form and detail as may be prescribed by the Commission. The Commission may, in its discretion, for purposes of administration of the provisions of this chapter, prescribe a uniform system of accounts applicable to freight forwarders, and the period of time within which they shall have such uniform system of accounts, and the manner in which such accounts shall be kept. The Commission may also require any such forwarder to file with it a true copy of any contract or agreement between such forwarder and any person in relation to transportation facilities, service, or traffic affected by the provisions of this chapter.

(b) Such annual reports shall contain all the required information for the period of twelve months ending on the 31st day of December in each year, unless the Commission shall specify a different date, and shall be made out under oath and filed with the Commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time be granted in any case by the Commission. Such periodical or special reports as may be required by the Commission under subsection (a) of this section shall also be under oath, whenever the Commission so requires.

(c) The Commission may, in its discretion, prescribe the forms of any and all accounts, records, and memoranda to be kept by freight forwarders, with respect to service subject to this chapter, and the length of time such accounts, records, and memoranda shall be preserved, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money; and it shall be unlawful for freight forwarders to keep any accounts, books, records, and memoranda contrary to any rule, regulation, or order of the Commission with respect thereto.

(d) The Commission or its duly authorized special agents, accountants, or examiners shall at all times have access to and authority, under its order, to inspect and examine any and all lands, buildings, or equipment of freight forwarders and of associations (as defined in this section), and shall have authority to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of freight forwarders, and such accounts, books, records, memoranda, correspondence, and other documents of any person controlling, controlled by, or under common control with any freight forwarder, as the Commission deems relevant to such person's relation to or transactions with such freight forwarder. Freight forwarders and persons shall

submit their accounts, books, records, memoranda, correspondence, and other documents for the inspection and copying authorized by this subsection, and freight forwarders shall submit their lands, buildings, and equipment for examination and inspection, to any duly authorized special agent, accountant, or examiner of the Commission upon demand and the display of proper credentials.

(e) The Commission may issue orders specifying such operating, accounting, or financial papers, records, books, correspondence, or documents of freight forwarders as may after a reasonable time be destroyed, and prescribing the length of time the same shall be preserved.

(f) As used in this section, the words "keep" and "kept" shall be construed to mean made, prepared, or compiled, as well as retained; and the term "association" means an association or organization maintained by or in the interest of any group of freight forwarders subject to this chapter which performs any service, or engages in any activities, in connection with any traffic, transportation, or facilities subject to this Act. (Feb. 4, 1887, ch. 104, pt. IV. § 412, as added May 16, 1942, ch. 318, § 1, 56 Stat. 294, and amended Aug. 2, 1949, ch. 379, §§ 20-22, 63 Stat. 489.)

REFERENCES IN TEXT

This Act, referred to in subsec. (f), means the Interstate Commerce Act, which is classified to this chapter and chapters 1, 8, 12, and 19 of this title.

AMENDMENTS

1949 Subsec. (a). Act Aug. 2, 1949, § 20, made subsec. (a) applicable to associations or organizations maintained by or in the interest of freight forwarders.

Subsec. (d). Act Aug. 2, 1949, § 21, made subsec. (d) applicable to associations as defined in subsec. (f) of this section.

Subsec. (f). Act Aug. 2, 1949, § 22, defined the term "association".

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

§ 1013. Bills of lading and delivery of property.

The provisions of section 20 (11) and (12) of this title, together with such other provisions of chapter 1 of this title (including penalties) as may be necessary for the enforcement of such provisions, shall apply with respect to freight forwarders, in the case of service subject to this chapter, with like force and effect as in the case of those persons to which such provisions are specifically applicable, and the freight forwarder shall be deemed both the receiving and delivering transportation company for the purposes of section 20 (11) and (12) of this title. When the services of a common carrier by motor vehicle subject to chapter 8 of this title are utilized by a freight forwarder for the receiving of property from a consignor in service subject to this chapter, such carrier may, with the consent of the freight forwarder, execute the bill of lading or shipping receipt for the freight forwarder. When the services of a common carrier by motor vehicle subject to chapter 8 of this title are utilized by a freight forwarder for the delivery of property to the consignee named in the freight forwarder's bill of lading, shipping receipt, or freight bill, the property may, with the consent of the freight forwarder, be delivered on the freight bill, and receipted for on the delivery receipt, of the

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§ 1014. Collection of rates and charges.

In the case of service subject to this chapter, it shall be unlawful for a freight forwarder, or a common carrier by motor vehicle subject to chapter 8 of this title whose services are utilized by a freight forwarder, to deliver or relinquish possession of property to the consignee named in the bill of lading, shipping receipt, or freight bill of the freight forwarder until all tariff rates and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time prescribe to govern the settlement of all such rates and charges and to prevent unjust discrimination or undue preference or prejudice: Provided, That the provisions of this section shall not be construed to prohibit any such forwarder or carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State, Territory, or political subdivision thereof, for the District of Columbia. (Feb. 4, 1887, ch. 104, pt. IV, § 414, as added May 16, 1942, ch. 318, § 1, 56 Stat. 296.)

EFFECTIVE DATE

or

Effective date of chapter. see note under section 1001 of this title.

§ 1015. Allowances to shippers for transportation service.

If the owner of property transported in service subject to this chapter directly or indirectly render: any service connected therewith, or furnishes any instrumentality used therein, the charge and the allowance therefor, to such owner, shall be published in tariffs filed in the manner provided in this chapter and shall be no more than is just and reasonable and the Commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the freight forwarder or forwarders for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order. (Feb. 4, 1887, ch. 104, pt. IV, § 415, as added May 16, 1942, ch. 318, 1, 56 Stat. 296.)

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

§ 1016. Notices, orders, and service of processes.

(a) It shall be the duty of every freight forwarder to file with the Commission a designation in writing of the name and post-office address of an agent upon whom or which service of notices or orders may be made under this chapter. Such designation may from time to time be changed by like writing similarly filed. Service of notices or orders in proceedings under this chapter may be made upon such forwarder by personal service upon it or upon an agent so designated by it, or by mail addressed to it or to such agent at the address filed. In default

of such designation, service of any notice or order may be made by posting in the office of the Secretary of the Commission. Whenever notice or order is served by mail, as provided herein, the date of mailing shall be considered as the time of service.

In proceedings before the Commission involving the lawfulness of rates, charges, classifications, or practices, service of notice upon an attorney in fact of a freight forwarder who has filed a tariff in behalf of such freight forwarder shall be deemed to be due and sufficient service upon the freight forwarder.

(b) The Commission may suspend, modify, or set aside its orders upon such notice and in such manner as it shall deem proper.

(c) Except as otherwise provided in this part, all orders of the Commission shall take effect within such reasonable time, not less than thirty days, as the Commission may prescribe and shall continue in force until its further order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended, modified, or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction.

(d) It shall be the duty of every freight forwarder, its agents, and employees to observe and comply with such orders so long as the same shall remain in effect. (Feb. 4, 1887, ch. 104, pt. IV, § 416, 1942, ch. 318, § 1, 56 Stat. 296.) EFFECTIVE DATE

as added May 16,

Effective date of chapter, see note under section 1001 of this title.

§ 1017. Enforcement and procedure.

(a) The provisions of sections 12 and 17 of this title, together with such other provisions of chapter 1 of this title (including penalties) as may be necessary for the enforcement of such provisions, and of section 46 of this title shall apply with full force and effect in the administration and enforcement of this chapter.

(b) (1) If any freight forwarder fails to comply with or operates in violation of any provision of this chapter, or any rule, regulation, requirement, or order thereunder, or of any term or condition of any permit, the Commission or the Attorney General of the United States (or, in case of such an order, any party injured by the failure to comply therewith or by the violation thereof) may apply to any district court of the United States having jurisdiction of the parties for the enforcement of such provision of this chapter or of such rule, regulation, requirement, order, term, or condition; and such court shall have jurisdiction to enforce obedience thereto by a writ or writs of injunction or other process, mandatory or otherwise, restraining such freight forwarder and any officer, agent, employee, or representative thereof from further violation of such provision of this chapter or of such rule, regulation, requirement, order, term, or condition, and enjoining obedience thereto.

(2) If any person operates in clear and patent violation of section 1010 of this title, or any rule, regulation, requirement, or order thereunder, any

person injured thereby may apply to the district court of the United States for any district where such person so violating operates, for the enforcement of such section, or of such rule, regulation, requirement, or order. The court shall have jurisdiction to enforce obedience thereto by a writ of injunction or by other process, mandatory or otherwise, restraining such person, his or its officers, agents, employees, and representatives from further violation of such section or of such rule, regulation, requirement, or order; and enjoining upon it or them obedience thereto. A copy of any application for relief filed pursuant to this paragraph shall be served upon the Commission and a certificate of such service shall appear in such application. The Commission may appear as of right in any such action. The party who or which prevails in any such action may, in the discretion of the court, recover reasonable attorney's fees to be fixed by the court, in addition to any costs allowable under the Federal Rules of Civil Procedure, and the plaintiff instituting such action shall be required to give security, in such sum as the court deems proper, to protect the interests of the party or parties against whom any temporary restraining order, temporary injunctive or other process is issued should it later be proven unwarranted by the facts and circumstances.

(3) In any action brought under paragraph (2) of this subsection, the Commission may notify the district court of the United States in which such action is pending that it intends to consider the matter in a proceeding before the Commission. Upon the filing of such a notice the court shall stay further action pending disposition of the proceeding before the Commission.

(c) The Commission shall enter of record a written report of hearings conducted upon complaint, or upon its own initiative without complaint, stating its conclusions, decision, and order; and shall furnish a copy of such report to all parties of record. The Commission may provide for the publication of such reports in the form best adapted for public information and use, and such authorized publications shall, without further proof or authentication, be received as competent evidence of such reports in any court of competent jurisdiction.

(d) The copies of classifications and tariffs of rates and charges, and of all contracts, agreements, and arrangements of freight forwarders filed with the Commission under this chapter, and the statistics, tables, and figures contained in the annual or other reports of freight forwarders made to the Commission under this chapter, shall be preserved as public records in the custody of the secretary of the Commission, and shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings; and copies of and extracts from any of said classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the Commission's seal, shall be received in evidence with like effect as the originals. (Feb. 4, 1887, ch. 104, pt. IV, § 417, as added May 16, 1942, ch. 318, § 1, 56 Stat. 297, and amended Aug. 7, 1942, ch. 552, § 2. 56 Stat. 746; Sept. 6, 1965, Pub. L. 89-170, § 5, 79

Stat. 650; Oct. 15, 1970, Pub. L. 91-452, title II, § 243 (c), 84 Stat. 931.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-452 struck out references to sections 47 and 48 of this title and sections 32 and 33 of Title 15.

1965 Subsec. (b). Pub. L. 89-170 designated existing provision as par. (1) and added pars. (2) and (3). 1942-Subsec. (b). Act Aug. 7, 1942, substituted "freight forwarder" for "carrier" wherever latter appeared. EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title. SAVINGS PROVISION

Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

CROSS REFERENCE

Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

§ 1018. Carriers the services of which freight forwarders may utilize.

It shall be unlawful, except in the performance within terminal areas of transfer, collection, or delivery services, for freight forwarders to employ or utilize the instrumentalities or services of any carriers other than common carriers by railroad, motor vehicle, or water, subject to this Act; express companies subject to this Act; air carriers subject to the Civil Aeronautics Act of 1938, as amended; common carriers by motor vehicle engaged in transportation exempted under the provisions of section 303 (b) (7a) of this title; common carriers by motor vehicle exempted under the provisions of section 304(a) (4a) of this title; common carriers by water engaged in transportation exempted under the provisions of section 903(b) of this title; the Alaska Railroad; common carriers by water operating between Alaskan ports, and between those ports and other ports in the United States or common carriers by water operating between Hawaiian ports, and between those ports and other ports in the United States. (Feb. 4, 1887, ch. 104, pt. IV, § 418, as added May 16, 1942, ch. 318, § 1, 56 Stat. 297, and amended July 12, 1960, Pub. L. 86–615, § 7, 74 Stat. 385.)

REFERENCES IN TEXT

This Act, referred to in text, means the Interstate Commerce Act, which is classified to this chapter and chapters 1, 8, 12, and 19 of this title.

Civil Aeronautics Act of 1938, as amended, referred to in text, was repealed by Pub. L. 85-726, title XIV. § 1401 (b), Aug. 23, 1958, 72 Stat. 806, and is now covered by chapter 20 of this title.

AMENDMENTS

1960-Pub. L. 86-615 included the Alaska Railroad, common carriers by water operating between Alaskan ports, and between those ports and other ports in the United States, and common carriers by water operating between Hawaiian ports, and between those ports and other ports in the United States.

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

§ 1019. Liability for past acts and omissions.

No person shall be subject to any punishment or liability under the provisions of this Act on account of any act done or omitted to be done, prior to the effective date of this chapter, in connection with the establishment, charging, collection, receipt, or payment of rates of freight forwarders, or joint rates or divisions between freight forwarders and common carriers by motor vehicle subject to this Act. (Feb. 4, 1887, ch. 104, pt. IV, § 419, as added May 16, 1942, ch. 318, § 1, 56 Stat. 298.)

REFERENCES IN TEXT

This Act, referred to in text, means the Interstae Commerce Act, which is classified to this chapter and chapters 1, 8, 12, and 19 of this title.

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

§ 1020. Special powers during time of war or other emergency.

The provisions of section 1 (15)-(17) of this title shall be applicable, in the case of service subject to this chapter, with respect to freight forwarders and other persons, and the service, equipment, and facilities of freight forwarders, with like force and effect as in the case of the carriers and other persons, and the service, equipment, and facilities, to which such provisions are specifically applicable. (Feb. 4, 1887, ch. 104, pt. IV, § 420, as added May 16, 1942, ch. 318, § 1, 56 Stat. 298.`

EFFECTIVE DATE

Effective date of chapter, see note under section 1001 of this title.

CONTINUATION OF PROVISIONS UNTIL TERMINATION OF DEC. 16, 1950 NATIONAL EMERGENCY AND SIX MONTHS Act June 30, 1953, ch. 165, 67 Stat. 115, provided: "That the provisions of section 420 of the Interstate Commerce Act, as amended [this section], as continued in effect by section 1 (a) (26) of the Emergency Powers Continuation Act (Public Law 450, Eighty-second Congress) [set out as a note under this section], and the authorizations conferred and liabilities imposed thereby, shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (Proc. 2914, 3 C. F. R., 1950 Supp., p. 71), or until such earlier date as the Congress by concurrent resolution declares that it is no longer necessary to exercise the powers continued in force and effect by this Act, notwithstanding any limitation, by reference to war or threatened war, of the time during or for which the authorizations or liabilities thereunder may be exercised or imposed.”

PRIOR CONTINUATIONS

Provisions of this section were previously extended to July 1, 1953 by Joint Res. July 3, 1952, ch. 570, § 1 (a) (26), 66 Stat. 332, as amended by Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18.

REPEAL OF PRIOR ACTS CONTINUING EFFECTIVENESS OF SECTION

Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued effectiveness of section until July 3, 1952. This repeal shall take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

§ 1021. Unlawful acts and penalties.

(a) Any person who knowingly and willfully violates any provision of this chapter, or any rule, regu

lation, requirement, or order thereunder, or any term or condition of any permit, for which no penalty is otherwise provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $100 for the first offense and not more than $500 for any subsequent offense. Each day of such violation shall constitute a separate offense.

(b) Any freight forwarder or any officer, agent, employee, or representative thereof who, by any device or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person to obtain service subject to this chapter at less than the rates or charges lawfully in effect, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500 for the first offense and not more than $2,000 for any subsequent offense.

(c) Any person who shall by any device or means, whether with or without the consent or connivance of any freight forwarder or its officer, agent, employee, or representative, knowingly and willfully obtain service subject to this chapter at less than the rates or charges lawfully in effect, or shall knowingly and willfully, directly or indirectly, by false claim, false billing, false representation, or other device or means, obtain or attempt to obtain any allowance, refund, or repayment in connection with or growing out of such service, whether with or without the consent or connivance of such forwarder or its officer, agent, employee, or representative, whereby the compensation of such forwarder for such service, either before or after payment, shall be less than the rates or charges lawfully in effect, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500 for the first offense and not more than $2,000 for any subsequent offense.

(d) Any freight forwarder, or any officer, agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Commission as required under this chapter, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Commission so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Commission, or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully file with the Commission any false report, account, record, or memorandum, or shall knowingly and willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the freight forwarder, or shall knowingly and willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, shall be guilty of a misdemeanor and upon conviction thereof shall be subject for each offense to a fine of not more than $5,000. As used in this subsection, the word "keep" shall be construed to mean make, prepare, or compile, as well as retain.

(e) Any special agent, accountant, or examiner of the Commission who knowingly and willfully divulges any fact or information which may come to

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