[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR273.5]

[Page 151-152]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 273--ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 273.5  Investigations of alleged violations.

    (a) Investigations of allegations of liability under 31 U.S.C. 3802 
shall be conducted by the Investigating Official.
    (b)(1) For purposes of an investigation under this part, the 
Investigating Official may issue a subpoena requiring the production of 
all information, documents, reports, answers, records, accounts, papers, 
and data not otherwise reasonably available to the Postal Service. Any 
subpoena issued by the Investigating Official under this authority shall 
cite 31 U.S.C. 3804(a) as the authority under which it is issued, shall 
be signed by the Investigating Official, and shall command each person 
to whom it is directed to produce the specified documentary material at 
a prescribed time and place.

[[Page 152]]

    (2) In the case of contumacy or refusal to obey a subpoena issued 
pursuant to paragraph (b)(1) of this section, the district courts of the 
United States have jursidiction to issue an appropriate order for the 
enforcement of such subpoena. Any failure to obey such order of the 
court may be punishable as contempt. In any case in which the Postal 
Service seeks the enforcement of a subpoena under this section, the 
Postal Service shall request the Attorney General to petition the 
district court for the district in which the person receiving the 
subpoena resides or conducts business to issue such an order.
    (c) Upon completing an investigation under this part, the 
Investigating Official shall submit to the Reviewing Official a report 
containing the findings and conclusions of his investigation, including:
    (1) A description of the claims or statements for which liability 
under 31 U.S.C. 3802 is alleged;
    (2) A description of any evidence which supports allegations of 
liability under 31 U.S.C. 3802, or where applicable, a description of 
any evidence that tends to support a conclusion that such statute has 
not been violated;
    (3) An estimate of the amount of money or the value of property or 
services allegedly requested or demanded in violation of 31 U.S.C. 3802;
    (4) A statement of any exculpatory or mitigating circumstances which 
may relate to the claims or statements under investigation;
    (5) A statement of the amount of penalties and assessments that, 
considering the information described in paragraphs (c) (3) and (4) of 
this section, the Investigating Official recommends be demanded from the 
person alleged to be liable; and
    (6) An estimate of the prospects of collecting the amount specified 
in paragraph (c)(5) of this section, and any reasons supporting such 
estimate.
    (d) Nothing in these regulations modifies any responsibility of the 
Investigating Official to report violations of criminal law to the 
Attorney General

[52 FR 12901, Apr. 20, 1987, as amended at 56 FR 55825, Oct. 30, 1991]