; and other equitable relief; (ii) reasonable attorneys’ fees and costs; and (iii) such other and further relief as necessary to effectuate the purposes of this subtitle. (B) Criteria In determining the amount of statutory damages to be awarded under subparagraph (A), the court may consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (C) Bond To satisfy the damages, fees, and costs found owing under this paragraph, the Secretary shall release as much of the bond held pursuant to section 252(c)(4) as is necessary. (3) Sums recovered in actions by the secretary of labor (A) Establishment of account There is established in the general fund of the Treasury a separate account, which shall be known as the H–2A Foreign Labor Recruiter Compensation Account . Notwithstanding any other provisions of law, there shall be deposited, as offsetting receipts into such account, all sums recovered in an action by the Secretary of Labor under this subsection. (B) Use of funds Amounts deposited into the H–2A Foreign Labor Recruiter Compensation Account shall be paid directly to each worker affected by a violation under this subtitle. Any such sums not paid to a worker because of inability to do so within a period of 5 years following the date such funds are deposited into the account shall remain available to the Secretary until expended. The Secretary may transfer all or a portion of such remaining sums to appropriate agencies to support the enforcement of the laws prohibiting the trafficking and exploitation of persons or programs that aid trafficking victims. (d) Employer safe harbor (1) In general An employer that hires workers referred by a foreign labor recruiter with a valid registration at the time of hiring shall not be held jointly liable for a violation committed solely by a foreign labor recruiter under this subtitle— (A) in any administrative action initiated by the Secretary concerning such violation