---
kind: "section"
citation: "20 C.F.R. § 498.106"
title: "20"
number: "498.106"
heading: "Determinations regarding the amount or scope of penalties and assessments."
url: "https://uscodex.org/cfr/20/498.106"
---

# §498.106. Determinations regarding the amount or scope of penalties and assessments.

- (a) In determining the amount or scope of any penalty and assessment, as applicable, in accordance with § [498.103(a)](/cfr/20/498.103.md?p=a) and [(b)](/cfr/20/498.103.md?p=b) and [498.104](/cfr/20/498.104.md), the Office of the Inspector General will take into account:
  - (1) The nature of the statements, representations, or actions referred to in § [498.102(a)](/cfr/20/498.102.md?p=a) and [(b)](/cfr/20/498.102.md?p=b) and the circumstances under which they occurred;
  - (2) The degree of culpability of the person committing the offense;
  - (3) The history of prior offenses of the person committing the offense;
  - (4) The financial condition of the person committing the offense; and
  - (5) Such other matters as justice may require.
- (b) In determining the amount of any penalty in accordance with § [498.103(c)](/cfr/20/498.103.md?p=c) and [(d)](/cfr/20/498.103.md?p=d), the Office of the Inspector General will take into account—
  - (1) The nature and objective of the advertisement, solicitation, or other communication, and the circumstances under which they were presented;
  - (2) The frequency and scope of the violation, and whether a specific segment of the population was targeted;
  - (3) The prior history of the individual, organization, or entity in their willingness or refusal to comply with informal requests to correct violations;
  - (4) The history of prior offenses of the individual, organization, or entity in their misuse of program words, letters, symbols, and emblems;
  - (5) The financial condition of the individual or entity; and
  - (6) Such other matters as justice may require.
- (c) In cases brought under section 1140 of the Social Security Act, the use of a disclaimer of affiliation with the United States Government, the Social Security Administration or its programs will not be considered as a mitigating factor in determining the amount of a penalty in accordance with § 498.106.

## Notes

### Amendments

[60 FR 58226, Nov. 27, 1995, as amended at 61 FR 18080, Apr. 24, 1996; 71 FR 28581, May 17, 2006]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[60 FR 58226, Nov. 27, 1995, as amended at 61 FR 18080, Apr. 24, 1996; 71 FR 28581, May 17, 2006]