42 CFR § 38.8 - Criminal and civil penalties.

---
identifier: "/us/cfr/t42/s38.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 38.8 - Criminal and civil penalties."
title_number: 42
title_name: "Public Health"
section_number: "38.8"
section_name: "Criminal and civil penalties."
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL CARE AND EXAMINATIONS"
part_number: "38"
part_name: "DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 413, Pub. L. 93-288. The Disaster Relief Act of 1974, 88 Stat. 157, 42 U.S.C. 5183, E.O. 11795, 39 FR 25939, as amended by E.O. 11910, 41 FR 15681."
regulatory_source: "41 FR 52052, Nov. 26, 1976, unless otherwise noted."
cfr_part: "38"
---


# 38.8 Criminal and civil penalties.

Attention is called to section 317 of the Act (42 U.S.C. 5157) which provides:

(a) Any individual who fraudulently or willfully misstates any fact in connection with a request for assistance under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation.

(b) Any individual who knowingly violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation.

(c) Whoever knowingly misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be subject to a fine in an amount equal to one and one half times the original principal amount of the loan or cash benefit.