(a) The inflation adjustments described in § 85.3 were determined by increasing the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty assessed or enforced by the Department of Justice by the cost-of-living adjustment as that term is defined by the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410. Any increase so determined was rounded to the nearest—
(1) Multiples of $10 in the case of penalties less than or equal to $100;
(2) Multiples of $100 in the case of penalties greater than $100 but less than or equal to $1,000;
(3) Multiples of $1000 in the case of penalties greater than $1000 but less than or equal to $10,000;
(4) Multiples of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;
(5) Multiples of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and
(6) Multiples of $25,000 in the case of penalties greater than $200,000.
(b) Notwithstanding the provisions of paragraph (a) of this section, the initial adjustment for each penalty is capped at 10%.
Title 28 published on 2013-07-01
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