Section 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) and (b) and 498.104 , 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) and (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) and (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 .