\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 270 -- PENALTIES FOR DOCUMENT FRAUD \ § Sec. 270.3 Penalties. Previous DocumentNext Document
§
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 proscribedas well in Title 18, United States Code.
(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 under section
274C(a)(1)
through (a)(4)
. Not less than $275 and not exceeding $2,200 for each fraudulent document or each proscribed activity described in section
274C(a)(1)
through (a)(4) of the Act before March 27, 2008, and not less than $375 and not exceeding $3,200 for each fraudulent document or each proscribed activity on or after March 27, 2008.
(Revised effective 3/27/08;
73 FR 10130
) (Revised effective 9/29/99;
64 FR 47009
)
(B)
First offense under section 274C(a)(5) or (a)(6)
. Not less than $250 and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section
274C(a)(5)
or
(a)(6)
of the Act before March 27, 2008, and not less than $275 and not exceeding $2,200, for each fraudulent docum
73 FR 10130
ent or each proscribed activity on or after March 27, 2008.
(Revised effective 3/27/08;
73 FR 10130
) (Revised effective 9/29/99;
64 FR 47009
)
(C)
Subsequent offenses under section 274C(a)(1) through (a)(4)
. Not less than $2,200 and not more than $5,500 for each fraudulent document or each proscribed activity described in section
274C(a)(1)
through
(a)(4)
of the Act before March 27, 2008, and not less than $3,200 and not exceeding $6,500, for each fraudulent document or each proscribed activity occurring on or after March 27, 2008.
(Added effective 3/27/08;
73 FR 10130
)
(D)
Subsequent offenses under section 274C(a)(5) or (a)(6)
. Not less than $2,000 and not more than $5,000 for each fraudulent document or each proscribed activity described in section
274C(a)(5)
or
(a)(6)
of the Act before March 27, 2008, and not less than $2,200 and not exceeding $5,500, for each fraudulent document or each proscribed activity occurring on or after March 27, 2008.
(Added effective 3/27/08;
73 FR 10130
)