Basis for civil penalties and assessments.

CFR · 2024-01-01 · US · Title 12

(a) (i) The claim is false, fictitious, or fraudulent; or (ii) The claim includes, or is supported by, a written statement that asserts a material fact which is false, fictitious or fraudulent; or (iii) The claim includes, or is supported by, a written statement that: (A) Omits a material fact; and (B) Is false, fictitious, or fraudulent as a result of that omission; and (C) Is a statement in which the person making the statement has a duty to include the material fact; or (iv) The claim seeks payment for providing property or services that 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. (3) A claim will be considered made to the FDIC, recipient, or party when the 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 FDIC, recipient, or party. (4) Each claim for property, services, or money that constitutes any one of the elements in paragraph (a)(1) of this section is subject to a civil penalty regardless of whether the property, services, or money is actually delivered or paid. (5) If the FDIC 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 will also be subject to an assessment of not more than twice the amount of such claim (or

official document · source cfr-2024 · id 12:§ 308.502