[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR498.106]

[Page 1198-1199]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 498_CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS
--Table of Contents
 
Sec. 498.106  Determinations regarding the amount or scope of penalties 
and assessments.

    (a) In determining the amount or scope of any penalty and 
assessment, as applicable, in accordance with Sec. Sec. 498.103(a) and 
498.104, the Office of the Inspector General will take into account:
    (1) The nature of the statements and representations referred to in 
Sec. 498.102(a) and the circumstances under which they occurred;
    (2) The degree of culpability of the person committing the offense;
    (3) The history of prior offenses of the person committing the 
offense;
    (4) The financial condition of the person committing the offense; 
and
    (5) Such other matters as justice may require.
    (b) In determining the amount of any penalty in accordance with 
Sec. 498.103(b), the Office of the Inspector General will take into 
account--
    (1) The nature and objective of the advertisement, solicitation, or 
other communication, and the circumstances under which they were 
presented;
    (2) The frequency and scope of the violation, and whether a specific 
segment of the population was targeted;
    (3) The prior history of the individual, organization, or entity in 
their willingness or refusal to comply with informal requests to correct 
violations;
    (4) The history of prior offenses of the individual, organization, 
or entity in their misuse of program words, letters, symbols, and 
emblems;
    (5) The financial condition of the individual or entity; and
    (6) Such other matters as justice may require.
    (c) In cases brought under section 1140 of the Social Security Act, 
the use of a disclaimer of affiliation with the United States 
Government, the Social

[[Page 1199]]

Security Administration or its programs will not be considered as a 
mitigating factor in determining the amount of a penalty in accordance 
with Sec. 498.106.

[60 FR 58226, Nov. 27, 1995, as amended at 61 FR 18080, Apr. 24, 1996]