C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 85—CIVIL MONETARY PENALTIES INFLATION ADJUSTMENT

28 C.F.R. § 85.3

Adjustments to penalties for violations occurring on or before November 2, 2015

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For all violations occurring on or before November 2, 2015, and for assessments made before August 1, 2016, for violations occurring after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the respective components of the Department, as set forth in paragraphs (a) through (d) of this section, are adjusted as provided in this section in accordance with the inflation adjustment procedures prescribed in section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, as in effect prior to November 2, 2015. The adjusted penalties set forth in paragraphs (a), (c), and (d) of this section are effective for violations occurring on or after September 29, 1999, and on or before November 2, 2015, and for assessments made before August 1, 2016, for violations occurring after November 2, 2015. For civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, see the adjusted penalty amounts in section 85.5.

(a) Civil Division. (1) 5 U.S.C. App. 4 102(f)(6)(C)(i), Ethics in Government Act of 1978, knowing and willful disclosure, solicitation, or receipt of information with respect to blind trusts: from $10,000 to $11,000.

(2) 5 U.S.C. App. 4 102(f)(6)(C)(ii), Ethics in Government Act of 1978, negligent disclosure, solicitation, or receipt of information with respect to blind trusts: from $5,000 to $5,500.

(3) 5 U.S.C. App. 4 104(a), Ethics in Government Act of 1978, falsification or failure to file required reports: from $10,000 to $11,000.

(4) 5 U.S.C. App. 4 105(c)(2), Ethics in Government Act of 1978, unlawful acquisition or use of public reports: from $10,000 to $11,000.

(5) 5 U.S.C. App. 4 504(a), Ethics Reform Act of 1989, violations of limitations on outside earned income and employment: from $10,000 to $11,000.

(6) 12 U.S.C. 1833a(b)(1), Financial Institutions Reform, Recovery, and Enforcement Act of 1989, violation: from $1,000,000 to $1,100,000.

(7) 12 U.S.C. 1833a(b)(2), Financial Institutions Reform, Recovery, and Enforcement Act of 1989, continuing violations (per day): minimum from $1,000,000 to $1,100,000; maximum from $5,000,000 to $5,500,000.

(8) 22 U.S.C. 2399b(a)(3)(A), Foreign Assistance Act of 1961, fraudulent claim for assistance: from $2,000 to $2,200.

(9) 31 U.S.C. 3729(a), False Claims Act, violations: minimum from $5,000 to $5,500; maximum from $10,000 to $11,000.

(10) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act, violation involving false claim: from $5,000 to $5,500.

(11) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act, violation involving false statement: from $5,000 to $5,500.

(12) 40 U.S.C. 489(b)(1), Federal Property and Administrative Services Act of 1949, violation involving surplus government property: from $2,000 to $2,200.

(13) 41 U.S.C. 55(a)(1)(B), Anti-Kickback Act of 1986, violation involving kickbacks: from $10,000 to $11,000.

(b) Civil Rights Division. (1) 18 U.S.C. 248(c)(2)(B), Freedom of Access to Clinic Entrances Act of 1994 (Nonviolent Physical Obstruction):

(i) The civil monetary penalty amount for a first order for nonviolent physical obstruction, initially set at $10,000, is adjusted to $11,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $16,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order for nonviolent physical obstruction, initially set at $15,000, is adjusted to $16,500 for a violation occurring on or after April 28, 2014.

(2) 18 U.S.C. 248(c)(2)(B), Freedom of Access to Clinic Entrances Act of 1994 (Other Violations):

(i) The civil monetary penalty amount for a first order other than for nonviolent physical obstruction, initially set at $15,000, is adjusted to $16,500 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order other than for nonviolent physical obstruction, initially set at $25,000, is adjusted to $27,500 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $37,500 for a violation occurring on or after April 28, 2014.

(3) 42 U.S.C. 3614(d)(1)(C), Fair Housing Act of 1968, as amended (Pattern or Practice Violation):

(i) The civil monetary penalty amount for a first order, initially set at $50,000, is adjusted to $55,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $75,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent order, initially set at $100,000, is adjusted to $110,000 for a violation occurring on or after September 29, 1999, and before April 28, 2014, and is adjusted to $150,000 for a violation occurring on or after April 28, 2014.

(4) 50 U.S.C. App. 597(b)(3), Servicemembers Civil Relief Act of 2003, as amended:

(i) The civil monetary penalty amount for a first violation, initially set at $55,000, is adjusted to $60,000 for a violation occurring on or after April 28, 2014.

(ii) The civil monetary penalty amount for a subsequent violation, initially set at $110,000, is adjusted to $120,000 for a violation occurring on or after April 28, 2014.

(c) Criminal Division. 18 U.S.C. 216(b), Ethics Reform Act of 1989, violation: from $50,000 to $55,000.

(d) Drug Enforcement Administration. 21 U.S.C. 961(1), Controlled Substances Import Export Act, transshipment and in-transit shipment of controlled substances: from $25,000 to $27,500.

[Order No. 2249-99, 64 FR 47103, Aug. 30, 1999, as amended by AG Order No. 3324-2014, 79 FR 17436, Mar. 28, 2014; AG Order 3690-2016, 81 FR 42500, June 30, 2016]
Notes of Decisions
Cited in 87 cases (25 in the last 5 years), 2003–2026 · leading case: Universal Health Servs., Inc. v. United States ex rel. Escobar, 195 L. Ed. 2d 348 (2016).
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Universal Health Servs., Inc. v. United States ex rel. Escobar, 195 L. Ed. 2d 348 (2016). “B The alleged False Claims Act violations here arose within the Medicaid program, a *1997 joint state-federal program in which healthcare providers serve poor or disabled patients and submit claims for government reimbursement.”
Michele Yates v. Pinellas Hematology & Oncology, P.A., 21 F.4th 1288 (11th Cir. 2021). · cites it 2× “C § 3729(a)(1); 28 C.F.R. § 85.3 (a)(9). Accordingly, the court imposed a total monetary award of $1,179,266.”
United States Ex Rel. Drakeford v. Tuomey, 792 F.3d 364 (4th Cir. 2015). · cites it 2× “§ 3729 (a)(1); 28 C.F.R. § 85.3 (a)(9). 15 In this case, the jury 15 The FCA sets the civil penalty range at $5,000 to $10,000, but includes a provision that adjusts the range for inflation.”
Am. Civil Liberties Union v. Holder, 673 F.3d 245 (4th Cir. 2011). · cites it 2× “30, 1999); 28 C.F.R. § 85.3 (9) (2010). 3 The 1993 Amendments to the Federal Rules of Civil Procedure moved former Rule 4(d)(4) to current Rule 4(i).”
United States Ex Rel. Hunt v. Cochise Consultancy, Inc., 887 F.3d 1081 (11th Cir. 2018). “§ 3729 (a) ; 28 C.F.R. §§ 85.3 (a)(9), 85.5. 3 The FCA is one of only a handful of federal laws still in effect that may be enforced through a qui tam action.”
Cook Cnty. v. United States Ex Rel. Chandler, 538 U.S. 119 (2003). “28 CFR § 85.3 (a)(9) (2002). 2 If the Government does not intervene, the relator is entitled to 25 to 30 percent of the proceeds.”
United States Ex Rel. Totten v. Bombardier Corp., 380 F.3d 488 (D.C. Cir. 2004). “5, 1990); 28 C.F.R. § 85.3 (a)(9). . The third asserted complication, that it would be "unclear how to apply the ‘knowingly presents' element,” if there were no "requirement of presentment to the Government,” Op.”
United States ex rel Kurt Bunk v. Gosselin World Wide Moving, 741 F.3d 390 (4th Cir. 2013). · cites it 2× “3 million for the 10 Pursuant to 28 C.F.R. § 85.3 (a)(9), persons adjudged liable under the FCA are, as of September 29, 1999, subject to increased civil penalties amounting to a minimum of $5,500 and a maximum of $11,000.”
United States Ex Rel. Vavra v. Kellogg Brown & Root, Inc., 727 F.3d 343 (5th Cir. 2013). · cites it 2× “28 C.F.R. § 85.3 (a)(13). 7 For ease of reference, we label § 55(a)(1)(A) the “double damages penalty,” as it permits recovery of twice the kickback amount.”
United States v. Saavedra, 661 F. App'x 37 (2d Cir. 2016). · cites it 2× “§ 3729(a); 28 C.F.R. § 85.3 (a)(9). We assume the parties’ familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.”
Gulf Grp. Gen. Enter. Co. W.l.l., Plaintiff, v. United States, Defendant, 114 Fed. Cl. 258 (Fed. Cl. 2013). · cites it 3× “13 (2011) (citing 28 C.F.R. § 85.3 (a)(9)), aff’d, 471 Fed.”
Kellogg Brown & Root Servs., Inc. v. United States, 99 Fed. Cl. 488 (Fed. Cl. 2011). · cites it 2× “See 28 C.F.R. § 85.3 (a)(13) (2011). . Defendant’s prayer for relief reads: "As to Count II, under the Anti-Kickback Act, 41 U.”
Show all 87 citing cases →
— 28 C.F.R. § 85.3(a)(9) — 3 cases
Mw Builders, Inc. v. United States, 134 Fed. Cl. 469 (Fed. Cl. 2017).
United States Ex Rel. Romano v. New York Presbyterian, 426 F. Supp. 2d 174 (S.D.N.Y. 2006).
United States of Am. v. Miraca Life Sciences, Inc. (N.D. Ohio 2020).
— 28 C.F.R. § 85.3(b)(3)(ii) — 1 case
Fair Hous. Just. Ctr., Inc. v. Goldfarb Props., Inc. (S.D.N.Y. 2023).
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