; or (B) engaged in a substantial misrepresentation, including a substantial misrepresentation described in subsection (b)(3). (2) Amount of civil penalties (A) A civil penalty imposed for a violation or failure described under paragraph (1)(A) shall not exceed $100,000 (subject to such adjustments for inflation as may be prescribed in regulation) for each such violation. (B) A civil penalty imposed for a violation described under paragraph (1)(B) shall be in an amount not to exceed the greater of— (i) $100,000 (subject to such adjustments for inflation as may be prescribed in regulation) for each such violation; or (ii) (I) in the case of an institution, 1.0 percent of the amount of funds the institution received through this title in the most recent award year prior to the determination for each such violation