263.65—Civil penalty inflation adjustments.

(a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note ), the Board has set forth in paragraph (b) of this section adjusted maximum penalty amounts for each civil money penalty provided by law within its jurisdiction. The adjusted civil penalty amounts provided in paragraph (b) of this section replace only the amounts published in the statutes authorizing the assessment of penalties and the previously-adjusted amounts adopted as of October 12, 2004, October 12, 2000, and October 24, 1996. The authorizing statutes contain the complete provisions under which the Board may seek a civil money penalty. The increased penalty amounts apply only to violations occurring after the effective date of this rule.
(b) Maximum civil money penalties. The maximum civil money penalties as set forth in the referenced statutory sections are as follows:
(i) Inadvertently late or misleading reports, inter alia —$2,200.
(ii) Other late or misleading reports, inter alia —$32,000.
(iii) Knowingly or recklessly false or misleading reports, inter alia —$1,375,000.
(i) First tier—$7,500.
(ii) Second tier—$37,500.
(iii) Third tier—$1,375,000.
(3) 12 U.S.C. 1820(k)(6)(A)(ii) —$275,000.
(4) 12 U.S.C. 1832(c) —$1,100.
(5) 12 U.S.C. 1847(b), 3110(a) —$37,500.
(i) First tier—$2,200.
(ii) Second tier—$32,000.
(iii) Third tier—$1,375,000.
(7) 12 U.S.C. 334, 374a, 1884 —$110.
(8) 12 U.S.C. 3909(d) —$1,100.
(i) 15 U.S.C. 78u-2(b)(1) —$7,500 for a natural person and $70,000 for any other person.
(ii) 15 U.S.C. 78u-2(b)(2) —$70,000 for a natural person and $350,000 for any other person.
(iii) 15 U.S.C. 78u-2(b)(3) —$140,000 for a natural person and $675,000 for any other person.
(i) For each violation—$385.
(ii) For the total amount of penalties assessed under 42 U.S.C 4012a(f)(5) against an institution or enterprise during any calendar year—$135,000.

Code of Federal Regulations

[73 FR 58032, Oct. 6, 2008]