Title 45 Part 1149 → Subpart D → §1149.12

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149 → Subpart D → §1149.12

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149 → Subpart D → §1149.12

e-CFR data is current as of April 1, 2020

Title 45Subtitle BChapter XISubchapter BPart 1149Subpart D → §1149.12

Title 45: Public Welfare
Subpart D—Procedures Leading to the Issuance of a Complaint

§1149.12   What happens if program fraud is suspected?

(a) If the investigating official concludes that an action under this part is warranted, the investigating official submits a report containing the findings and conclusions of the investigation to the reviewing official.

(b) If the reviewing official determines that the report provides adequate evidence that you have made a false, fictitious or fraudulent claim or statement, the reviewing official shall transmit to the Attorney General written notice of an intention to refer the matter for adjudication, with a request for approval of such referral. This notice will include the reviewing official's statements concerning:

(1) The reasons for the referral;

(2) The claims or statements upon which liability would be based;

(3) The evidence that supports liability;

(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in the false claim or statement;

(5) Any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and

(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.

(c) If, at any time, the Attorney General or his or her designee requests in writing that this administrative process be stayed, the authority head must stay the process immediately. The authority head may order the process resumed only upon receipt of the written authorization of the Attorney General.