12 C.F.R. § 308.504   Review by the reviewing official.


Title 12 - Banks and Banking


Title 12: Banks and Banking
PART 308—RULES OF PRACTICE AND PROCEDURE
Subpart T—Program Fraud Civil Remedies and Procedures

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§ 308.504   Review by the reviewing official.

(a) If, based on the report of the investigating official under §308.503(b) of this subpart, the reviewing official determines that there is adequate evidence to believe that a person is liable under §308.502 of this subpart, the reviewing official will transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under §308.506 of this subpart.

(b) Such notice will include:

(1) A statement of the reviewing official's reasons for issuing a complaint;

(2) A statement specifying the evidence that supports the allegations of liability;

(3) A description of the claims or statements upon which the allegations of liability are based;

(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of §308.502 of this subpart;

(5) A statement of 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. Such a statement may be based upon information then known, or upon an absence of any information indicating that the person may be unable to pay such amount.

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