28 CFR § 85.5 - Adjustments to penalties for violations occurring after November 2, 2015.

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§ 85.5 Adjustments to penalties for violations occurring after November 2, 2015.

For civil penalties assessed after June 19, 2020, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are adjusted as set forth in the seventh column of the following table. For civil penalties assessed after January 29, 2018, and on or before June 19, 2020, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are those set forth in the sixth column of table 1 to this section. For civil penalties assessed after February 3, 2017, and on or before January 29, 2018, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are those set forth in the fifth column of table 1 to this section. For civil penalties assessed after August 1, 2016, and on or before February 3, 2017, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are those set forth in the fourth column of table 1 to this section. All figures set forth in this table are maximum penalties, unless otherwise indicated.

Table 1 to § 85.5

U.S.C. citation Name/description CFR citation DOJ penalty
assessed after
8/1/16
($)
DOJ penalty
assessed after
2/3/17
($)
DOJ penalty
assessed after
1/29/2018
($) 1
DOJ penalty
assessed after
June 19, 2020
($) 2
ATF
18 U.S.C. 922(t)(5) Brady Law - Nat'l Instant Criminal Check System; Transfer of firearm without checking NICS 8,162 8,296 8,465 8,831.
18 U.S.C. 924(p) Child Safety Lock Act; Secure gun storage or safety device, violation 2,985 3,034 3,096 3,230.
Civil Division
12 U.S.C. 1833a(b)(1) Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation 28 CFR 85.3(a)(6) 1,893,610 1,924,589 1,963,870 2,048,915.
12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) (per day) 28 CFR 85.3(a)(7) 1,893,610 1,924,589 1,963,870 2,048,915.
12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) 28 CFR 85.3(a)(7) 9,468,050 9,622,947 9,819,351 10,244,577.
22 U.S.C. 2399b(a)(3)(A) Foreign Assistance Act; Fraudulent Claim for Assistance (per act) 28 CFR 85.3(a)(8) 5,500 5,590 5,704 5,951.
31 U.S.C. 3729(a) False Claims Act; 3 Violations 28 CFR 85.3(a)(9) Min 10,781, Max 21,563 Min 10,957, Max 21,916 Min 11,181, Max 22,363 Min 11,665, Max 23,331.
31 U.S.C. 3802(a)(1) Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim) 28 CFR 71.3(a) 10,781 10,957 11,181 11,665.
31 U.S.C. 3802(a)(2) Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement) 28 CFR 71.3(f) 10,781 10,957 11,181 11,665.
40 U.S.C. 123(a)(1)(A) Federal Property and Administrative Services Act; Violation Involving Surplus Government Property (per act) 28 CFR 85.3(a)(12) 5,500 5,590 5,704 5,951.
41 U.S.C. 8706(a)(1)(B) Anti-Kickback Act; Violation Involving Kickbacks 4 (per occurrence) 28 CFR 85.3(a)(13) 21,563 21,916 22,363 23,331.
18 U.S.C. 2723(b) Driver's Privacy Protection Act of 1994; Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records - Substantial Non-compliance (per day) 7,954 8,084 8,249 8,606.
18 U.S.C. 216(b) Ethics Reform Act of 1989; Penalties for Conflict of Interest Crimes 5 (per violation) 28 CFR 85.3(c) 94,681 96,230 98,194 102,446.
41 U.S.C. 2105(b)(1) Office of Federal Procurement Policy Act; 6 Violation by an individual (per violation) 98,935 100,554 102,606 107,050.
41 U.S.C. 2105(b)(2) Office of Federal Procurement Policy Act; 6 Violation by an organization (per violation) 989,345 1,005,531 1,026,054 1,070,487.
42 U.S.C. 5157(d) Disaster Relief Act of 1974; 7 Violation (per violation) 12,500 12,705 12,964 13,525.
Civil Rights Division (excluding immigration-related penalties)
18 U.S.C. 248(c)(2)(B)(i) Freedom of Access to Clinic Entrances Act of 1994 (“FACE Act”); Nonviolent physical obstruction, first violation 28 CFR 85.3(b)(1)(i) 15,909 16,169 16,499 17,161.
18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(1)(ii) 23,863 24,253 24,748 25,820.
18 U.S.C. 248(c)(2)(B)(i) FACE Act; Violation other than a nonviolent physical obstruction, first violation 28 CFR 85.3(b)(2)(i) 23,863 24,253 24,748 25,820.
18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Violation other than a nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(2)(ii) 39,772 40,423 41,248 43,034.
42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first violation 28 CFR 85.3(b)(3)(i) 98,935 100,554 102,606 107,050.
42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation 28 CFR 85.3(b)(3)(ii) 197,869 201,106 205,211 214,097.
42 U.S.C. 12188(b)(2)(C)(i) Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation 28 CFR 36.504(a)(3)(i) 89,078 90,535 92,383 96,384.
42 U.S.C. 12188(b)(2)(C)(ii) Americans With Disabilities Act; Public accommodations for individuals with disabilities, subsequent violation 28 CFR 36.504(a)(3)(ii) 178,156 181,071 184,767 192,768.
50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; first violation 28 CFR 85.3(b)(4)(i) 59,810 60,788 62,029 64,715.
50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; subsequent violation 28 CFR 85.3(b)(4)(ii) 119,620 121,577 124,058 129,431.
Criminal Division
18 U.S.C. 983(h)(1) Civil Asset Forfeiture Reform Act of 2000; Penalty for Frivolous Assertion of Claim Min 342, Max 6,834 Min 348, Max 6,946 Min 355, Max 7,088 Min 370, Max 7,395.
18 U.S.C. 1956(b) Money Laundering Control Act of 1986; Violation 8 21,563 21,916 22,363 23,331.
DEA
21 U.S.C. 844a(a) Anti-Drug Abuse Act of 1988; Possession of small amounts of controlled substances (per violation) 28 CFR 76.3(a) 19,787 20,111 20,521 21,410.
21 U.S.C. 961(1) Controlled Substance Import Export Act; Drug abuse, import or export 28 CFR 85.3(d) 68,750 69,875 71,301 74,388.
21 U.S.C. 842(c)(1)(A) Controlled Substances Act (“CSA”); Violations of 842(a) - other than (5), (10), (16), and (17) - Prohibited acts re: controlled substances (per violation) 62,500 63,523 64,820 67,627.
21 U.S.C. 842(c)(1)(B)(i) CSA; Violations of 842(a)(5), (10), and (17) - Prohibited acts re: controlled substances 14,502 14,739 15,040 15,691.
21 U.S.C. 842(c)(1)(B)(ii) SUPPORT for Patients and Communities Act; Violations of 842(b)(ii) - Failures re: opioids 100,000 (Statutory amount of new penalty enacted 10/24/18) 11 101,764.
21 U.S.C. 842(c)(1)(C) CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor - False labeling of anabolic steroids (per violation) 500,855 509,049 519,439 541,933.
21 U.S.C. 842(c)(1)(D) CSA; Violation of 825(e) at the retail level - False labeling of anabolic steroids (per violation) 1,002 1,018 1,039 1,084.
21 U.S.C. 842(c)(2)(C) CSA; Violation of 842(a)(11) by a business - Distribution of laboratory supply with reckless disregard 9 375,613 381,758 389,550 406,419.
21 U.S.C. 842(c)(2)(D) SUPPORT for Patients and Communities Act; Violations of 842(a)(5), (10), and (17) by a registered manufacture or distributor of opioids. Failures re: opioids 500,000 (Statutory amount of new penalty enacted 10/24/18) 11 508,820.
21 U.S.C. 856(d) Illicit Drug Anti-Proliferation Act of 2003; Maintaining drug-involved premises 10 321,403 326,661 333,328 374,763.
Immigration-Related Penalties
8 U.S.C. 1324a(e)(4)(A)(i) Immigration Reform and Control Act of 1986 (“IRCA”); Unlawful employment of aliens, first order (per unauthorized alien) 28 CFR 68.52(c)(1)(i) Min 539, Max 4,313 Min 548, Max 4,384 Min 559, Max 4,473 Min 583, Max 4,667.
8 U.S.C. 1324a(e)(4)(A)(ii) IRCA; Unlawful employment of aliens, second order (per such alien) 28 CFR 68.52(c)(1)(ii) Min 4,313, Max 10,781 Min 4,384, Max 10,957 Min 4,473, Max 11,181 Min 4,667, Max 11,665.
8 U.S.C. 1324a(e)(4)(A)(iii) IRCA; Unlawful employment of aliens, subsequent order (per such alien) 28 CFR 68.52(c)(1)(iii) Min 6,469, Max 21,563 Min 6,575, Max 21,916 Min 6,709, Max 22,363 Min 6,999, Max 23,331.
8 U.S.C. 1324a(e)(5) IRCA; Paperwork violation (per relevant individual) 28 CFR 68.52(c)(5) Min 216, Max 2,156 Min 220, Max 2,191 Min 224, Max 2,236 Min 234, Max 2,332.
8 U.S.C. 1324a, (note) IRCA; Violation relating to participating employer's failure to notify of final nonconfirmation of employee's employment eligibility (per relevant individual) 28 CFR 68.52(c)(6) Min 751, Max 1,502 Min 763, Max 1,527 Min 779, Max 1,558 Min 813, Max 1,625.
8 U.S.C. 1324a(g)(2) IRCA; Violation/prohibition of indemnity bonds (per violation) 28 CFR 68.52(c)(7) 2,156 2,191 2,236 2,332.
8 U.S.C. 1324b(g)(2)(B)(iv)(I) IRCA; Unfair immigration-related employment practices, first order (per individual discriminated against) 28 CFR 68.52(d)(1)(viii) Min 445, Max 3,563 Min 452, Max 3,621 Min 461, Max 3,695 Min 481, Max 3,855.
8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair immigration-related employment practices, second order (per individual discriminated against) 28 CFR 68.52(d)(1)(ix) Min 3,563, Max 8,908 Min 3,621, Max 9,054 Min 3,695, Max 9,239 Min 3,855, Max 9,639.
8 U.S.C. 1324b(g)(2)(B)(iv)(III) IRCA; Unfair immigration-related employment practices, subsequent order (per individual discriminated against) 28 CFR 68.52(d)(1)(x) Min 5,345, Max 17,816 Min 5,432, Max 18,107 Min 5,543, Max 18,477 Min 5,783, Max 19,277.
8 U.S.C. 1324b(g)(2)(B)(iv)(IV) IRCA; Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated against) 28 CFR 68.52(d)(1)(xii) Min 178, Max 1,782 Min 181, Max 1,811 Min 185, Max 1,848 Min 193, Max 1,928.
8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order - for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(i) Min 445, Max 3,563 Min 452, Max 3,621 Min 461, Max 3,695 Min 481, Max 3,855.
8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order - for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(iii) Min 3,563, Max 8,908 Min 3,621, Max 9,054 Min 3,695, Max 9,239 Min 3,855, Max 9,639.
8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order - for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(ii) Min 376, Max 3,005 Min 382, Max 3,054 Min 390, Max 3,116 Min 407, Max 3,251.
8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order - for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(iv) Min 3,005, Max 7,512 Min 3,054, Max 7,635 Min 3,116, Max 7,791 Min 3,251, Max 8,128.
FBI
49 U.S.C. 30505(a) National Motor Vehicle Title Identification System; Violation (per violation) 1,591 1,617 1,650 1,722.
Office of Justice Programs
34 U.S.C. 10231(d) Confidentiality of information; State and Local Criminal History Record Information Systems - Right to Privacy Violation 28 CFR 20.25 27,500 27,950 28,520 29,755.

1 The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on January 29, 2018.

2 All figures set forth in this table are maximum penalties, unless otherwise indicated.

3 Section 3729(a)(1) of Title 31 provides that any person who violates this section is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount of damages which the Government sustains because of the act of that person. 31 U.S.C. 3729(a)(1) (2015). Section 3729(a)(2) permits the court to reduce the damages under certain circumstances to not less than 2 times the amount of damages which the Government sustains because of the act of that person. Id. section 3729(a)(2). The adjustment made by this regulation is only applicable to the specific statutory penalty amounts stated in subsection (a)(1), which is only one component of the civil penalty imposed under section 3729(a)(1).

4 Section 8706(a)(1) of Title 41 provides that the Federal Government in a civil action may recover from a person that knowingly engages in conduct prohibited by section 8702 of Title 44 a civil penalty equal to twice the amount of each kickback involved in the violation and not more than $10,000 for each occurrence of prohibited conduct. 41 U.S.C. 8706(a)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (a)(1)(B), which is only one component of the civil penalty imposed under section 8706.

5 Section 216(b) of Title 18 provides that the civil penalty should be no more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. 18 U.S.C. 216(b) (2015). Therefore, the adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the possible civil penalty imposed under section 216(b).

6 Section 2105(b) of Title 41 provides that the Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of Title 41. 41 U.S.C. 2105(b) (2015). Section 2105(b) further provides that on proof of that conduct by a preponderance of the evidence, an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct, and an organization is liable to the Federal Government for a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. Id. section 2105(b). The adjustments made by this regulation are only applicable to the specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one component of the civil penalties imposed under sections 2105(b)(1) and (b)(2).

7 The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42 U.S.C. 5157(b) (2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8 (2015).

8 Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of the value of the property, funds, or monetary instruments involved in the transaction; or $10,000. 18 U.S.C. 1956(b)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b).

9 Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that violates paragraph (11) of subsection (a) of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding violation imposed under section 842(c)(2)(C).

10 Section 856(d)(1) of Title 21 provides that any person who violates subsection (a) of the section shall be subject to a civil penalty of not more than the greater of $250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1).

11 The SUPPORT for Patients and Communities Act, Public Law 115-271, was enacted October 24, 2018.

[AG Order No. 4693-2020, 85 FR 37005, June 19, 2020]