(a) Criminal action.—(1) Anyone who knowingly and willfully falsifies or fails to file or furnish any information required in the financial report or required by the Office during an audit, as provided in § 1858c of this title, shall be guilty of a felony. Upon conviction, such person shall be punished by imprisonment for a fixed term of three (3) years and a five thousand dollar ($5,000) fine. The court may also impose community service.(2) Any public servant in the Executive Branch thus convicted shall be disqualified from holding any public office or job position, subject to the provisions of § 1462g of this title.(3) The crime established in this subchapter shall not prescribe.(b) Civil action.—(1) The Office is hereby empowered to resort to the San Juan Part of the Court of First Instance to request an injunction in order to bar any violation of the provisions of this subchapter and to file any appropriate action to collect the administrative sanctions imposed on behalf of the Commonwealth.(2) The office may resort to the San Juan Part of the Court of First Instance to bar, suspend or stay the execution of any official action in violation of the prohibitions established in Commonwealth.(2) The office may resort to the San Juan Part of the Court of First Instance to bar, suspend or stay the execution of any official action in violation of the prohibitions established in this subchapter.(3) Any person who obtains a financial gain as a result of a violation of the provisions of this subchapter shall be bound to pay the State a sum equal to three times the value of the financial gain received, as a sanction for his/her noncompliance.(c) Administrative action.— Any person who violates the prohibitions and provisions established in this subchapter and in the regulations, orders, and rules promulgated thereunder may be sanctioned by the Executive Director by an administrative fine that shall not exceed twenty thousand dollars ($20,000) for each violation. The foregoing shall not limit the power of the Executive Director to impose a sanction for treble damages in addition to said administrative fine. Furthermore, recidivism may also be taken into account at the time of imposing a fine under this subsection.The Executive Director may impose, for violations of any of the provisions of this subchapter, if applicable, the following administrative measures:(1) e time of imposing a fine under this subsection.The Executive Director may impose, for violations of any of the provisions of this subchapter, if applicable, the following administrative measures:(1) To order restitution, or(2) to order the agency concerned to make deductions from the payroll of the public servant at fault until the fine imposed is paid in full, as provided in subsection (q) of § 1855b of this title.(d) Other sanctions.— The violation of any of the provisions of this subchapter may be punished, if applicable, by any of the following actions imposed by the appointing authority:(1) Written reprimand.(2) Summary job suspension.(3) Suspension from job and pay.(4) Removal or discharge.(e) Judicial action for noncompliance with administrative or civil sanctions.— As for any person that fails to comply with a final and binding administrative fine or sanction or with any final and binding civil sanction, the courts of justice may impose ten percent (10%) interest or interest at the prevailing legal rate, whichever is higher, on the amount owed, as well as the payment of attorneys fees in favor of the Government of Puerto Rico. mpose ten percent (10%) interest or interest at the prevailing legal rate, whichever is higher, on the amount owed, as well as the payment of attorneys fees in favor of the Government of Puerto Rico. The interest shall begin to accrue from the time the sanction becomes final and binding. History —Jan. 3, 2012, No. 1, § 5.7.
Puerto Rico Legal Code