';


Title 45 Part 1149 → Subpart C

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149 → Subpart C

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149 → Subpart C

e-CFR data is current as of April 1, 2020

Title 45Subtitle BChapter XISubchapter BPart 1149 → Subpart C


Title 45: Public Welfare
PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS


Subpart C—Basis for Liability


Contents
§1149.8   What kind of conduct results in program fraud enforcement?
§1149.9   What civil penalties and assessments may I be subjected to?

return arrow Back to Top

§1149.8   What kind of conduct results in program fraud enforcement?

If you make false claims or false statements, you may be subject to civil penalties and assessments under the PFCRA.

return arrow Back to Top

§1149.9   What civil penalties and assessments may I be subjected to?

(a) In addition to any other penalties that may be prescribed by law, the PFCRA may subject you to the following:

(1) A civil penalty of not more than $11,664 for each false, fictitious or fraudulent statement or claim; and

(2) If the NEA has made any payment, transferred property, or provided services in reliance on a false claim, you are also subject to an assessment of not more than twice the amount of the false claim. This assessment is in lieu of damages sustained by the NEA because of the false claim.

(b) Each false, fictitious, or fraudulent 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.

(c) No proof of specific intent to defraud is required to establish liability under this section for either false claims or false statements.

(d) [Reserved]

(e) In any case in which it is determined that more than one person is liable for making a false, fictitious, or fraudulent claim or statement under this section, each such person may be held liable for a civil penalty and assessment under this section.

(f) 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 persons.

[79 FR 67081, Nov. 12, 2014, as amended at 84 FR 1404, Feb. 4, 2019; 85 FR 1760, Jan. 13, 2020]

return arrow Back to Top