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§ 185.103 Basis for civil penalties and assessments

Regulation

5 CFR 185.103

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5 CFR 185.103(a)(a) In addition to any other remedy that may be prescribed by law, any person shall be subject to a civil penalty of not more than $14,308, where the person makes a claim and knows or has reason to know that the claim:
5 CFR 185.103(a)(1)(1) In false, fictitious, or fraudulent;
5 CFR 185.103(a)(2)(2) Includes, or is supported by, any written statement which asserts a material fact which is false, fictitious, or fraudulent;
5 CFR 185.103(a)(3)(3) Includes, or is supported by, any written statement that:
5 CFR 185.103(a)(3)(i)(i) Omits a material fact;
5 CFR 185.103(a)(3)(ii)(ii) Is false, fictitious, or fraudulent as a result of such omission; and
5 CFR 185.103(a)(3)(iii)(iii) Is a statement in which the person making such statement has a duty to include such material fact; or
5 CFR 185.103(a)(4)(4) Is for payment for the provision of property or services which the person has not provided as claimed.
5 CFR 185.103(b)(b) Each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim.
5 CFR 185.103(c)(c) A claim shall be considered made to the authority, recipient, or party when such claim is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of the authority, recipient, or party.
5 CFR 185.103(d)(d) Each claim for property, services, or money is subject to a civil penalty regardless of whether such property, services, or money is actually delivered or paid.
5 CFR 185.103(e)(e) If the Government has made any payment (including transferred property or provided services) on a claim, a person subject to a civil penalty under paragraph (a)(1) of this section may also be subject to an assessment of not more than twice the amount of such claim or that portion thereof that is determined to be in violation of paragraph (a)(1) of this section. Such assessment shall be in lieu of damages sustained by the Government because of such claim.
5 CFR 185.103(f)(f) Any person who makes a written statement that:
5 CFR 185.103(f)(1)(1) The person knows or has reason to know:
5 CFR 185.103(f)(1)(i)(i) Asserts a material fact which is false, fictitious, or fraudulent; or
5 CFR 185.103(f)(1)(ii)(ii) Is false, fictitious, or fraudulent because it omits a material fact that the person making the statement has a duty to include in such statement; and
5 CFR 185.103(f)(2)(2) Contains, or is accompanied by, an express certification or affirmation of the truthfulness and accuracy of the contents of the statement may be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $14,308 for each such statement.
5 CFR 185.103(g)(g) Each written representation, certification, or affirmation constitutes a separate statement.
5 CFR 185.103(h)(h) A statement shall be considered made to the authority when such statement is actually made to an agent, fiscal intermediary, or other entity, including any State or political subdivision thereof, acting for or on behalf of the authority.
5 CFR 185.103(i)(i) No proof of specific intent to defraud is required to establish liability under this section.
5 CFR 185.103(j)(j) In any case in which it is determined that more than one person is liable for making a claim or statement under this section, each such person may be held liable for a civil penalty under this section.
5 CFR 185.103(k)(k) In any case in which it is determined that more than one person is liable for making a claim under this section on which the Government has made payment (including transferred property or provided services), an assessment may be imposed against any such person or jointly and severally against any combination of such persons.

About

Type
Regulation section
Citation
5 CFR 185.103
Last amended
2025-05-21

Amendment history

  1. 2025-05-21Basis for civil penalties and assessments
  2. 2024-01-22Basis for civil penalties and assessments
  3. 2023-02-27Basis for civil penalties and assessments
  4. 2023-01-27Basis for civil penalties and assessments
  5. 2022-04-21Basis for civil penalties and assessments
  6. 2022-03-22Basis for civil penalties and assessments
  7. 2020-09-11Basis for civil penalties and assessments
  8. 2020-07-14Basis for civil penalties and assessments
  9. 2019-10-31Basis for civil penalties and assessments
  10. 2019-10-01Basis for civil penalties and assessments
  11. 2018-08-23Basis for civil penalties and assessments
  12. 2018-07-24Basis for civil penalties and assessments

1 earlier versions not shown.

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