[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR33.31]

[Page 82-83]
 
                           TITLE 34--EDUCATION
 
PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 33.31  Determining the amount of penalties and assessments.

    (a) In determining an appropriate amount of civil penalties and 
assessments, the ALJ and the Department head, upon appeal, evaluate any 
circumstances that mitigate or aggravate the violation and articulate in 
their opinions the reasons that support the penalties and assessments 
they impose. Because of the intangible costs of fraud, the expense of 
investigating fraudulent conduct, and the need to deter others who might 
be similarly tempted, ordinarily double damages and a significant civil 
penalty is imposed.
    (b) Although not exhaustive, the following factors are among those 
that may influence the ALJ and the Department head in determining the 
amount of penalties and assessments to impose with respect to the 
misconduct (i.e., the false, fictitious, or fraudulent claims or 
statements) charged in the complaint:
    (1) The number of false, fictitious, or fraudulent claims or 
statements.
    (2) The time period over which such claims or statements were made.
    (3) The degree of the defendent's culpability with respect to the 
misconduct.
    (4) The amount of money or the value of the property, services, or 
benefit falsely claimed.
    (5) The value of the Government's actual loss as a result of the 
misconduct, including foreseeable consequential damages and the costs of 
investigation.
    (6) The relationship of the amount imposed as civil penalties to the 
amount of the Government's loss.
    (7) The potential or actual impact of the misconduct upon national 
defense, public health or safety, or public confidence in the management 
of Government programs and operations, including particularly the impact 
on the intended beneficiaries of such programs.
    (8) Whether the defendant has engaged in a pattern of the same or 
similar misconduct.
    (9) Whether the defendant attempted to conceal the misconduct.
    (10) The degree to which the defendant has involved others in the 
misconduct or in concealing it.
    (11) If the misconduct of employees or agents is imputed to the 
defendant, the extent to which the defendant's practices fostered or 
attempted to preclude the misconduct.
    (12) Whether the defendant cooperated in or obstructed an 
investigation of the misconduct.
    (13) Whether the defendant assisted in identifying and prosecuting 
other wrongdoers.
    (14) The complexity of the program or transaction, and the degree of 
the defendant's sophistication with respect to it, including the extent 
of the defendant's prior participation in the program or in similar 
transactions.
    (15) Whether the defendant has been found, in any criminal, civil, 
or administrative proceeding to have engaged in similar misconduct or to 
have dealt dishonestly with the Government of the United States or of a 
State, directly or indirectly.
    (16) The need to deter the defendant and others from engaging in the 
same or similar misconduct.

[[Page 83]]

    (c) Nothing in this section may be construed to limit the ALJ or the 
Department head from considering any other factors that in any given 
case may mitigate or aggravate the offense for which penalties and 
assessments are imposed.

(Authority: 31 U.S.C. 3803(a)(2) (e), (f))