---
kind: "section"
citation: "12 C.F.R. § 1217.3"
title: "12"
number: "1217.3"
heading: "Basis for civil penalties and assessments."
url: "https://uscodex.org/cfr/12/1217.3"
---

# §1217.3. Basis for civil penalties and assessments.

- (a) **False, fictitious or fraudulent claims.**
  - (1) A civil penalty of not more than $14,308 may be imposed upon a person who makes a claim to FHFA for property, services, or money where the person knows or has reason to know that the claim:
    - (i) Is false, fictitious, or fraudulent;
    - (ii) **Includes or is supported by a written statement that—**
      - (A) Asserts a material fact which is false, fictitious, or fraudulent; or
      - (B) Omits a material fact and, as a result of the omission, is false, fictitious, or fraudulent, where the person making, presenting, or submitting such statement has a duty to include such material fact; or
    - (iii) Is for payment for the provision of property or services to FHFA which the person has not provided as claimed.
  - (2) Each voucher, invoice, claim form, or other individual request or demand for property, services, or money constitutes a separate claim for purposes of this part.
  - (3) A claim shall be considered made to FHFA, a recipient, or party when the claim is actually made to an agent, fiscal intermediary, or other entity, acting for or on behalf of FHFA, the recipient, or the party.
  - (4) Each claim for property, services, or money is subject to a civil penalty, without regard to whether the property, services, or money actually is delivered or paid.
  - (5) There is no liability under this part if the amount of money or value of property or services claimed exceeds $150,000 as to each claim that a person submits. For purposes of this [paragraph (a)](#a), a group of claims submitted simultaneously as part of a single transaction shall be considered a single claim.
  - (6) If the FHFA has made any payment, transferred property, or provided services for a claim, then FHFA may make an assessment against a person found liable in an amount of up to twice the amount of the claim or portion of the claim that is determined to be in violation of [paragraph (a)(1)](#a-1) of this section. This assessment is in addition to the amount of any civil penalty imposed.
- (b) **False, fictitious or fraudulent statements.**
  - (1) A civil penalty of up to $14,308 may be imposed upon a person who makes a written statement to FHFA with respect to a claim, contract, bid or proposal for a contract, or benefit from FHFA that:
    - (i) **The person knows or has reason to know—**
      - (A) Asserts a material fact which is false, fictitious, or fraudulent; or
      - (B) Omits a material fact and is false, fictitious, or fraudulent as a result of such omission, where the person making, presenting, or submitting such statement has a duty to include such material fact; and
    - (ii) Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement.
  - (2) **Each written representation, certification, or affirmation constitutes a separate statement.**
  - (3) A statement shall be considered made to FHFA when the statement is actually made to an agent, fiscal intermediary, or other entity acting for or on behalf of FHFA.
- (c) **Joint and several liability.** A civil penalty or assessment may be imposed jointly and severally if more than one person is determined to be liable.

## Notes

### Amendments

[81 FR 43034, July 1, 2016, as amended at 83 FR 43968, Aug. 29, 2018; 84 FR 9704, Mar. 18, 2019; 85 FR 4905, Jan. 28, 2020; 86 FR 7496, Jan. 29, 2021; 87 FR 1661, Jan. 12, 2022; 87 FR 80025, Dec. 29, 2022; 89 FR 3333, Jan. 18, 2024; 90 FR 4609, Jan. 16, 2025]

### Authority

Authority: 12 U.S.C. 4501; 12 U.S.C. 4526, 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 81 FR 43034, July 1, 2016, unless otherwise noted.

### Amendments

[81 FR 43034, July 1, 2016, as amended at 83 FR 43968, Aug. 29, 2018; 84 FR 9704, Mar. 18, 2019; 85 FR 4905, Jan. 28, 2020; 86 FR 7496, Jan. 29, 2021; 87 FR 1661, Jan. 12, 2022; 87 FR 80025, Dec. 29, 2022; 89 FR 3333, Jan. 18, 2024; 90 FR 4609, Jan. 16, 2025]