With no explanation, chose the best option from "A", "B", "C" or "D". B The government argues, in the alternative, that even if § 216(b) gives the district court discretion to impose a penalty in an amount less than the unlawful payment, the court “abused its discretion in considering evidence of POGO’s good faith” without “holding a fair hearing to provide the Government with the opportunity to supplement the record” on that issue. Gov’t Br. 57-58. We note that the government never expressly sought such a hearing, but rather described to the court the evidence it would proffer if the court were to hold one. U.S. Resp. to [POGO’s] Req. that the Court Impose No Penalty Upon the Organization at 6-7 (Feb. 29, 2008). In any event, because we are remanding the case for a new trial, the government will have an opportunity to request a penalty hear .Cir.1985) (<HOLDING>). But see United States v. George, 386 F.3d

A: holding that 18 usc  1920 the misdemeanor false statement provision of the federal employees compensation act feca preempted 18 usc  1001 because  41 of feca expressly repealed all inconsistent statutes
B: holding that 18 usc  1919 did not implicitly repeal 18 usc  1001
C: holding that 18 usc  1001 which criminalizes making false statements to a united states agency is specifically made applicable to the postal service by 39 usc  410b2
D: holding that good faith is a defense to the willful filing of false statements under 18 usc  1001
D.