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Federal regulations · Through 2026-08-25 · Newer source version available

42 CFR 1003.1520: Collateral estoppel.

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Where this section sits in the code
  1. Title 42—Public Health
  2. CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  3. SUBCHAPTER B—OIG AUTHORITIES
  4. PART 1003—CIVIL MONEY PENALTIES, ASSESSMENTS AND EXCLUSIONS
  5. Subpart O—Procedures for the Imposition of CMPs, Assessments, and Exclusions

(a) Where a final determination pertaining to the respondent's liability for acts that violate this part has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent shall be bound by such determination in any proceeding under this part.

(b) In a proceeding under this part, a person is estopped from denying the essential elements of the criminal offense if the proceeding—

(1) Is against a person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements, and

(2) Involves the same transactions as in the criminal action.

Collected 2026-08-27T02:26:11Z. Source file · JSON

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