(6) Penalty adjustment factors For purposes of paragraphs (2)(A) and (3), when assessing the level of civil money penalties for a particular case, in addition to the good faith of the person or entity being charged, due consideration shall be given to factors such as the size of the business, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations, which factors may be aggravating, mitigating, or neutral depending on the facts of each case. (7) Criminal penalty Notwithstanding section 274A(f)(1) and the provisions of any other Federal law relating to fine levels, any person or entity required to comply with the provisions under this section that engages in a pattern or practice of violations of paragraph (1) or (2) of section 274A(a)— (A) shall be fined not more than $5,000 for each unauthorized alien with respect to whom such a violation occurs