[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: 39CFR273.6]

[Page 152-153]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 273--ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents
 
Sec. 273.6  Evaluation by reviewing official.

    (a) Based upon the investigatory report prepared by the 
Investigating Offical, the Reviewing Official shall determine whether 
there is adequate evidence to believe that a person is liable under 31 
U.S.C. 3802, and , if so, whether prosecution would likely result in the 
imposition and collection of civil penalties and applicable assessments.
    (b) If the Reviewing Offical determines that a case has merit and 
should be referred to the Judicial Officer for assignment to a Presiding 
Officer, he must first transmit to the Attorney General a written notice 
containing the following information:
    (1) A statement setting forth the Reviewing Official's reasons for 
proposing to refer the case to a Presiding Officer;
    (2) A description of the claims or statements for which liability 
under 31 U.S.C. 3802 is alleged;
    (3) A statement specifying the evidence that supports the 
allegations of liability;
    (4) 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;
    (5) A statement of any exculpatory or mitigating circumstances which 
may relate to the claims or statements under investigation;
    (6) A statement of the amount of penalties and assessments that, 
considering the factors listed in paragraphs (b)(4) and (5) of this 
section, the Reviewing Official recommends be demanded from the person 
alleged to be liable; and
    (7) A statement that, in the opinion of the Reviewing Official, 
there is a reasonable prospect of collecting the amount specified in 
paragraph (b)(6) of this section and the reasons supporting such 
statement.
    (c) No allegations of liability under 31 U.S.C. 3802 with respect to 
any claim made, presented, or submitted by any person shall be referred 
to the Judicial Officer if the Reviewing Official determines that (1) an 
amount of money in excess of $150,000; or (2) property or service with a 
value in excess of $150,000 is requested or demanded in violation of 
section 3802 in such claim or in a group of related claims which

[[Page 153]]

are submitted at the time such claim is submitted.