violate
(2) Civil money penalty.— (A) First tier .— Any insured credit union which, and any institution-affiliated party who— (i) violates any law or regulation; (ii) violates any final order or temporary order issued pursuant to subsection (e), (f), (g), (i), or (q), or any final order under section 1790d of this title ; (iii) violates any condition imposed in writing by the Board in connection with any action on any application, notice, or other request by the credit union or institution-affiliated party; or (iv) violates any written agreement between such credit union and such agency, shall forfeit and pay a civil penalty of not more than $5,000 for each day during which such violation continues. (B) Second tier .— Notwithstanding subparagraph (A), any insured credit union which, and any institution-affiliated party who— (i) (I) commits any violation described in any clause of subparagraph (A); (II) recklessly engages in an unsafe or unsound practice in conducting the affairs of such credit union; or (III) breaches any fiduciary duty; (ii) which violation, practice, or breach— (I) is part of a pattern of misconduct; (II) causes or is likely to cause more than a minimal loss to such credit union; or (III) results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than $25,000 for each day during which such violation, practice, or breach continues. (C) Third tier .— Notwithstanding subparagraphs (A) and (B), any insured credit union which, and any institution-affiliated party who— (i) knowingly— (I) commits any violation described in any clause of subparagraph (A); (II) engages in any unsafe or unsound practice in conducting the affairs of such credit union; or (III) breaches any fiduciary duty; and (ii) knowingly or recklessly causes a substantial loss to such credit union or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subparagraph (D) for each day during which such violation, practice, or breach continues. (D) Maximum amounts of penalties for any violation described in subparagraph (c) .— The maximum daily amount of any civil penalty which may be assessed pursuant to subparagraph (C) for any violation, practice, or breach described in such subparagraph is— (i) in the case of any person other than an insured credit union, an amount to not exceed $1,000,000; and (ii) in the case of any insured credit union, an amount not to exceed the lesser of— (I) $1,000,000; or (II) 1 percent of the total assets of such credit union. (E) Assessment.— (i) Written notice .— Any penalty imposed under subparagraph (A), (B), or (C) may be assessed and collected by the Board by written notice. (ii) Finality of assessment .— If, with respect to any assessment under clause (i), a hearing is not requested pursuant to subparagraph (H) within the period of time allowed under such subparagraph, the assessment shall constitute a final and unappealable order. (F) Authority to modify or remit penalty .— The Board may compromise, modify, or remit any penalty which such agency may assess or had already assessed under subparagraph (A), (B), or (C). (G) Mitigating factors .— In determining the amount of any penalty imposed under subparagraph (A), (B), or (C), the Board shall take into account the appropriateness of the penalty with respect to— (i) the size of financial resources and good faith of the insured credit union or the person charged; (ii) the gravity of the violation; (iii) the history of previous violations; and (iv) such other matters as justice may require. (H) Hearing .— The insured credit union or other person against whom any penalty is assessed under this paragraph shall be afforded an agency hearing if such institution or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. (I) Collection.— (i) Referral .— If any insured credit union or other person fails to pay an assessment after any penalty assessed under this paragraph has become final, the Board shall recover the amount assessed by action in the appropriate United States district court. (ii) Appropriateness of penalty not reviewable .— In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to review. (J) Disbursement .— All penalties collected under authority of this paragraph shall be deposited into the Treasury. (K) “Violate” defined .— For purposes of this section, the term “violate” includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. (L) Regulations .— The Board shall prescribe regulations establishing such procedures as may be necessary to carry out this paragraph.