C.F.R. » Title 12 » CHAPTER II—FEDERAL RESERVE SYSTEM › SUBCHAPTER A—BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM › PART 263—RULES OF PRACTICE FOR HEARINGS › Subpart C—Rules and Procedures for Assessment and Collection of Civil Money Penalties

12 C.F.R. § 263.62

Relevant considerations for assessment of civil penalty

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In determining the amount of the penalty to be assessed, the Board shall take into account the appropriateness of the penalty with respect to the financial resources and good faith of the person charged, the gravity of the misconduct, the history of previous misconduct, the economic benefit derived by the person from the misconduct, and such other matters as justice may require.

Notes of Decisions
Cited in 3 cases, 1997–1997 · leading case: W.C. Long, Jr. v. Bd. of Governors of the Fed. Reserve Sys., 117 F.3d 1145 (10th Cir. 1997).
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W.C. Long, Jr. v. Bd. of Governors of the Fed. Reserve Sys., 117 F.3d 1145 (10th Cir. 1997). · cites it 4× “” In determining the amount of a civil penalty, the Board shall consider: (1) the financial resources and good faith of the violator; (2) the gravity of the violation; (3) the history of previous violations; and (4) such other matters as justice may require.”
Interamericas Investments v. Bd. of Governors of the Fed. Reserve Sys., 111 F.3d 376 (5th Cir. 1997). “The factors listed by petitioners as mandatory, but that are not specifically listed in § 1818(i)(2)(G), come from “Relevant considerations for assessment of civil penalty”, 12 C.F.R. § 263.62 , and In re Rapp, 1992 WL 560907 .”
Long v. FRS, No. 96-9526 (10th Cir. June 30, 1997). · cites it 3× “) We discuss and analyze this argument in section III.C.2., infra. -14- resources and good faith of the violator; (2) the gravity of the violation; (3) the history of previous violations; and (4) such other matters as justice may require.”
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