§ 85.5. Adjustments to penalties for violations occurring after November 2, 2015.

2,215 words·~10 min read·/us/cfr/t28/s§ 85.5

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(a)For civil penalties assessed after July 3, 2025, whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are adjusted as set forth in the fifth column of table 1 to this section.

(b)For civil penalties assessed after February 12, 2024, and on or before July 3, 2025 whose associated violations occurred after November 2, 2015, the civil monetary penalties provided by law within the jurisdiction of the Department are adjusted as set forth in the fourth column of table 1 to this section.

(c)All figures set forth in table 1 to this section are maximum penalties, unless otherwise indicated. ::: {width="100%"} ::: {.table_head} Table 1 to § 85.5 ::: ::: {.gpotbl_div} U.S.C. citation Name/description CFR citation DOJ penalty assessed after 2/12/2024 1 (\$) DOJ penalty assessed after July 3, 2025 2 (\$) ATF 18 U.S.C. 922(t)(5) Brady Law---Nat'l Instant Criminal Check System (NICS); Transfer of firearm without checking NICS 10,557 10,831 18 U.S.C. 924(p) Child Safety Lock Act; Secure gun storage or safety device, violation 3,861 3,961 Civil Division 12 U.S.C. 1833a(b)(1) Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) Violation 28 CFR 85.3(a)(6) 2,449,575 2,513,215 12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) (per day) 28 CFR 85.3(a)(7) 2,449,575 2,513,215 12 U.S.C. 1833a(b)(2) FIRREA Violation (continuing) 28 CFR 85.3(a)(7) 12,247,886 12,566,086 22 U.S.C. 2399b(a)(3)(A) Foreign Assistance Act; Fraudulent Claim for Assistance (per act) 28 CFR 85.3(a)(8) 7,114 7,299 31 U.S.C. 3729(a) False Claims Act; 3 Violations 28 CFR 85.3(a)(9) Min 13,946, Max 27,894 Min 14,308, Max 28,619 31 U.S.C. 3802(a)(1) Program Fraud Civil Remedies Act; Violations Involving False Claim (per claim) 28 CFR 71.3(a) 13,946 14,308 31 U.S.C. 3802(a)(2) Program Fraud Civil Remedies Act; Violation Involving False Statement (per statement) 28 CFR 71.3(f) 13,946 14,308 40 U.S.C. 123(a)(1)(A) Federal Property and Administrative Services Act; Violation Involving Surplus Government Property (per act) 28 CFR 85.3(a)(12) 7,114 7,299 41 U.S.C. 8706(a)(1)(B) Anti-Kickback Act; Violation Involving Kickbacks 4 (per occurrence) 28 CFR 85.3(a)(13) 27,894 28,619 18 U.S.C. 2723(b) Driver's Privacy Protection Act of 1994; Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records---Substantial Non-compliance (per day) 10,289 10,556 18 U.S.C. 216(b) Ethics Reform Act of 1989; Penalties for Conflict of Interest Crimes 5 (per violation) 28 CFR 85.3(c) 122,480 125,662 41 U.S.C. 2105(b)(1) Office of Federal Procurement Policy Act; 6 Violation by an individual (per violation) 127,983 131,308 41 U.S.C. 2105(b)(2) Office of Federal Procurement Policy Act; 6 Violation by an organization (per violation) 1,279,819 1,313,069 42 U.S.C. 5157(d) Disaster Relief Act of 1974; 7 Violation (per violation) 16,170 16,590 Civil Rights Division (excluding immigration-related penalties) 18 U.S.C. 248(c)(2)(B)(i) Freedom of Access to Clinic Entrances Act of 1994 ("FACE Act"); Nonviolent physical obstruction, first violation 28 CFR 85.3(b)(1)(i) 20,516 21,049 18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Nonviolent physical obstruction, subsequent violation 28 CFR 85.3(b)(1)(ii) 30,868 31,670 18 U.S.C. 248(c)(2)(B)(i) FACE Act; Violation other than a nonviolent physical obstruction, first violation 28 CFR 85.3(b)(2)(i) 30,868 31,670 18 U.S.C. 248(c)(2)(B)(ii) FACE Act; Violation other than a nonviolent physical violation) 28 CFR 85.3(b)(2)(ii) 51,449 52,786 42 U.S.C. 3614(d)(1)(C)(i) Fair Housing Act of 1968; first violation 28 CFR 85.3(b)(3)(i) 127,983 131,308 42 U.S.C. 3614(d)(1)(C)(ii) Fair Housing Act of 1968; subsequent violation 28 CFR 85.3(b)(3)(ii) 255,964 262,614 42 U.S.C. 12188(b)(2)(C)(i) Americans With Disabilities Act; Public accommodations for individuals with disabilities, first violation 28 CFR 36.504(a)(3)(i) 115,231 118,225 42 U.S.C. 12188(b)(2)(C)(ii) Americans With Disabilities Act; Public accommodations for individuals with disabilities subsequent violation 28 CFR 36.504(a)(3)(ii) 230,464 236,451 50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; first violation 28 CFR 85.3(b)(4)(i) 77,370 79,380 50 U.S.C. 4041(b)(3) Servicemembers Civil Relief Act of 2003; subsequent violation 28 CFR 85.3(b)(4)(ii) 154,741 158,761 Criminal Division 18 U.S.C. 983(h)(1) Civil Asset Forfeiture Reform Act of 2000; Penalty for Frivolous Assertion of Claim Min 442, Max 8,842 Min 453, Max 9,072 18 U.S.C. 1956(b) Money Laundering Control Act of 1986; Violation 8 27,894 28,619 DEA 21 U.S.C. 844a(a) Anti-Drug Abuse Act of 1988; Possession of small amounts of controlled substances (per violation) 28 CFR 76.3(a) 25,597 26,262 21 U.S.C. 961(1) Controlled Substance Import Export Act; Drug abuse, import or export 28 CFR 85.3(d) 88,934 91,245 21 U.S.C. 842(c)(1)(A) Controlled Substances Act ("CSA"); Violations of 842(a)---other than (5), (10),

(16)and (17)---Prohibited acts re: controlled substances (per violation) 80,850 82,950 21 U.S.C. 842(c)(1)(B)(i) CSA; Violations of 842(a)(5), (10), and (17)---Prohibited acts re: controlled substances 18,759 19,246 21 U.S.C. 842(c)(1)(B)(ii) SUPPORT for Patients and Communities Act; Violations of 842(b)(ii)---Failures re: opioids 121,664 124,825 21 U.S.C. 842(c)(1)(C) CSA; Violation of 825(e) by importer, exporter, manufacturer, or distributor---False labeling of anabolic steroids (per violation) 647,907 664,740 21 U.S.C. 842(c)(1)(D) CSA; Violation of 825(e) at the retail level---False labeling of anabolic steroids (per violation) 1,296 1,330 21 U.S.C. 842(c)(2)(C) CSA; Violation of 842(a)(11) by a business---Distribution of laboratory supply with reckless disregard 9 485,893 498,517 21 U.S.C. 842(c)(2)(D) SUPPORT for Patients and Communities Act; Violations of 842(a)(5),

(10)and

(17)by a registered manufacture or distributor of opioids. Failures re: opioids 608,319 624,123 21 U.S.C. 856(d) Illicit Drug Anti-Proliferation Act of 2003; Maintaining drug-involved premises 10 448,047 459,687 Immigration-Related Penalties 8 U.S.C. 1324a(e)(4)(A)(i) Immigration Reform and Control Act of 1986 ("IRCA"); Unlawful employment of aliens, first order (per unauthorized alien) 28 CFR 68.52(c)(1)(i) Min 698, Max 5,579 Min 716, Max 5,724 8 U.S.C. 1324a(e)(4)(A)(ii) IRCA; Unlawful employment of aliens, second order (per such alien) 28 CFR 68.52(c)(1)(ii) Min 5,579, Max 13,946 Min 5,724, Max 14,308 8 U.S.C. 1324a(e)(4)(A)(iii) IRCA; Unlawful employment of aliens, subsequent order (per such alien) 28 CFR 68.52(c)(1)(iii) Min 8,369, Max 27,894 Min 8,586, Max 28,619 8 U.S.C. 1324a(e)(5) IRCA; Paperwork violation (per relevant individual) 28 CFR 68.52(c)(5) Min 281, Max 2,789 Min 288, Max 2,861 8 U.S.C. 1324a

(note)IRCA; Violation relating to participating employer's failure to notify of final nonconfirmation of employee's employment eligibility (per relevant individual) 28 CFR 68.52(c)(6) Min 973, Max 1,942 Min 998, Max 1,992 8 U.S.C. 1324a(g)(2) IRCA; Violation/prohibition of indemnity bonds (per violation) 28 CFR 68.52(c)(7) 2,789 2,861 8 U.S.C. 1324b(g)(2)(B)(iv)(I) IRCA; Unfair immigration-related employment practices, first order (per individual discriminated against) 28 CFR 68.52(d)(1)(viii) Min 575, Max 4,610 Min 590, Max 4,730 8 U.S.C. 1324b(g)(2)(B)(iv)(II) IRCA; Unfair immigration- related employment practices, second order (per individual discriminated against) 28 CFR 68.52(d)(1)(ix) Min 4,610, Max 11,524 Min 4,730, Max 11,823 8 U.S.C. 1324b(g)(2)(B)(iv)(III) IRCA; Unfair immigration-related employment practices, subsequent order (per individual discriminated against) 28 CFR 68.52(d)(1)(x) Min 6,913, Max 23,048 Min 7,093, Max 23,647 8 U.S.C. 1324b(g)(2)(B)(iv)(I V) IRCA; Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated against) 28 CFR 68.52(d)(1)(xii) Min 230, Max 2,304 Min 236, Max 2,364 8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order---for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(i) Min 575, Max 4,610 Min 590, Max 4,730 8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order---for violations described in U.S.C. 1324c(a)(1)-(4) (per document) 28 CFR 68.52(e)(1)(iii) Min 4,610, Max 11,524 Min 4,730, Max 11,823 8 U.S.C. 1324c(d)(3)(A) IRCA; Document fraud, first order---for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(ii) Min 487, Max 3,887 Min 500, Max 3,988 8 U.S.C. 1324c(d)(3)(B) IRCA; Document fraud, subsequent order---for violations described in U.S.C. 1324c(a)(5)-(6) (per document) 28 CFR 68.52(e)(1)(iv) Min 3,887, Max 9,718 Min 3,988, Max 9,970 FBI 49 U.S.C. 30505(a) National Motor Vehicle Title Identification System; Violation (per violation) 2,058 2,111 Office of Justice Programs 34 U.S.C. 10231(d) Confidentiality of information; State and Local Criminal History Record Information Systems---Right to Privacy Violation 28 CFR 20.25 35,574 36,498 ::: ::: {.table_foot} 1 The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation on February 12, 2024. 2 All figures set forth in this table are maximum penalties, unless otherwise indicated. 3 Section 3729(a)(1) of Title 31 provides that any person who violates this section is liable to the United States Government for a civil penalty of not less than \$5,000 and not more than \$10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the amount of damages which the Government sustains because of the act of that person. 31 U.S.C. 3729(a)(1) (2015). Section 3729(a)(2) permits the court to reduce the damages under certain circumstances to not less than 2 times the amount of damages which the Government sustains because of the act of that person. Id. section 3729(a)(2). The adjustment made by this regulation is only applicable to the specific statutory penalty amounts stated in subsection (a)(1), which is only one component of the civil penalty imposed under section 3729(a)(1). 4 Section 8706(a)(1) of Title 41 provides that the Federal Government in a civil action may recover from a person that knowingly engages in conduct prohibited by section 8702 of Title 44 a civil penalty equal to twice the amount of each kickback involved in the violation and not more than \$10,000 for each occurrence of prohibited conduct. 41 U.S.C. 8706(a)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (a)(1)(B), which is only one component of the civil penalty imposed under section 8706. 5 Section 216(b) of Title 18 provides that the civil penalty should be no more than \$50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. 18 U.S.C. 216(b) (2015). Therefore, the adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the possible civil penalty imposed under section 216(b). 6 Section 2105(b) of Title 41 provides that the Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of Title 41. 41 U.S.C. 2105(b) (2015). Section 2105(b) further provides that on proof of that conduct by a preponderance of the evidence, an individual is liable to the Federal Government for a civil penalty of not more than \$50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct, and an organization is liable to the Federal Government for a civil penalty of not more than \$500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. Id. section 2105(b). The adjustments made by this regulation are only applicable to the specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one component of the civil penalties imposed under sections 2105(b)(1) and (b)(2). 7 The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42 U.S.C. 5157(b) (2015). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the penalty in its regulation. 44 CFR 206.14(d) (2015). The Department of Health and Human Services

(HHS)has also promulgated a regulation regarding the penalty under this statute. 42 CFR 38.8 (2015). 8 Section 1956(b)(1) of Title 18 provides that whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of the value of the property, funds, or monetary instruments involved in the transaction; or \$10,000. 18 U.S.C. 1956(b)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b). 9 Section 842(c)(2)(C) of Title 21 provides that in addition to the penalties set forth elsewhere in the subchapter or subchapter II of the chapter, any business that violates paragraph

(11)of subsection

(a)of the section shall, with respect to the first such violation, be subject to a civil penalty of not more than \$250,000, but shall not be subject to criminal penalties under the section, and shall, for any succeeding violation, be subject to a civil fine of not more than \$250,000 or double the last previously imposed penalty, whichever is greater. 21 U.S.C. 842(c)(2)(C) (2015). The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding violation imposed under section 842(c)(2)(C). 10 Section 856(d)(1) of Title 21 provides that any person who violates subsection

(a)of the section shall be subject to a civil penalty of not more than the greater of \$250,000; or 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. 21 U.S.C. 856(d)(1) (2015). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1). 11 The SUPPORT for Patients and Communities Act, Public Law 115-221 was enacted Oct. 24, 2018. ::: ::: \[90 FR 29447, July 3, 2025\]

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