[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR270.3]

[Page 619-620]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 270--PENALTIES FOR DOCUMENT FRAUD--Table of Contents
 
Sec. 270.3  Penalties.

    (a) Criminal penalties. Nothing in section 274C of the Act shall be 
construed to diminish or qualify any of the penalties available for 
activities prohibited by this section but proscribed as well in title 
18, United States Code.
    (b) Civil penalties. A person or entity may face civil penalties for 
a violation of section 274C of the Act. Civil penalties may be imposed 
by the Service or by an administrative law judge for violations under 
section 274C of the Act. The Service may charge multiple violations of 
section 274C of the Act in a single Notice of Intent to Fine, and may 
impose separate penalties for each such unlawful act in a single 
proceeding or determination. However, in determining whether an offense 
is a first offense or a subsequent offense, a finding of more than one 
violation in the course of a single proceeding or determination will be 
counted as a single offense.
    (1) A respondent found by the Service or an administrative law judge 
to have violated section 274C of the Act shall be subject to an order:
    (i) To cease and desist from such behavior; and
    (ii) To pay a civil penalty as follows:
    (A) First offense. Not less than $250 and not exceeding $2,000 for 
each fraudulent document or each proscribed activity described in 
section 274C(a)(1) through (a)(4) of the Act before September 29, 1999, 
and not less than $275 and not exceeding $2,200, for each

[[Page 620]]

fraudulent document or each proscribed activity on or after September 
29, 1999.
    (B) Subsequent offenses. Not less than $2,000 and not more than 
$5,000 for each fraudulent document or each proscribed activity 
described in section 274C(a)(1) through (a)(4) of the Act before 
September 29, 1999, and not less than $2,200 and not exceeding $5,500, 
for each fraudulent document or each proscribed activity occurring on or 
after September 29, 1999.
    (2) Where an order is issued to a respondent composed of distinct, 
physically separate subdivisions each of which provides separately for 
the hiring, recruiting, or referring for a fee for employment (without 
reference to the practices of, and not under the common control of or 
common control with, another subdivision), each subdivision shall be 
considered a separate person or entity.

[57 FR 33866, July 31, 1992, as amended at 64 FR 47101, Aug. 30, 1999]