[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1264.130]



[Page 384]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.130  Determining the amount of penalties and assessments.



    (a) In determining an appropriate amount of civil penalties and 

assessments, the presiding officer, and the authority head upon appeal, 

should evaluate any circumstances that mitigate or aggravate the 

violation and should 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 such conduct, 

and the need to deter others who might be similarly tempted, ordinarily 

double damages and a significant civil penalty should be imposed.

    (b) Although not exhaustive, the following factors are among those 

that may influence the presiding officer and the authority 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 defendant'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) Where the misconduct of employees or agents is imputed to the 

defendant, the extent to which the defendant's practices fostered or 

attempted to preclude such 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; and

    (16) The need to deter the defendant and others from engaging in the 

same or similar misconduct.

    (c) Nothing in this section shall be construed to limit the 

presiding officer or the authority head from considering any other 

factors that in any given case may mitigate or aggravate the offense for 

which penalties and assessments are imposed.