[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 8CFR270.3]



[Page 628-629]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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.



[[Page 629]]



    (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 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]