((a)) ** Civil penalties** Any person who—

((1)) violates ;

((2)) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—

((A)) a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;

((B)) the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or

((C)) a decision or action of any entity performing a central authority function; or

((3)) engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),

((b)) ** Civil enforcement**

((1)) ** Authority of Attorney General** The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.

((2)) ** Factors to be considered in imposing penalties** In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.

((c)) ** Criminal penalties** Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.