[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1264.103]



[Page 375]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.103  Investigation.



    (a) If an investigating official concludes that a subpoena pursuant 

to the authority conferred by 31 U.S.C. 3804(a) is warranted--

    (1) The subpoena so issued shall notify the person to whom it is 

addressed of the authority under which the subpoena is issued and shall 

identify the records or documents sought;

    (2) The subpoena may designate the person, to act on the 

investigating official's behalf, to receive the documents sought; and

    (3) The person receiving such subpoena shall be required to tender 

to the investigating official or the person designated to receive the 

documents a certification that the documents sought have been produced, 

or that such documents are not available and the reasons therefor, or 

that such documents, suitably identified, have been withheld based upon 

the assertion of an identified privilege.

    (b) If the investigating official concludes that an action under the 

Program Fraud Civil Remedies Act may be warranted, the investigating 

official shall submit a report containing the findings and conclusions 

of such investigation to the reviewing official.

    (c) Nothing in this section shall preclude or limit the 

investigating official's discretion to refer allegations directly to the 

Department of Justice for suit under the False Claims Act or other civil 

relief, or to defer or postpone a report of referral to the reviewing 

official to avoid interference with a criminal investigation or 

prosecution.

    (d) Nothing in this section modifies any responsibility of the 

investigating official to report violations of criminal law to the 

Attorney General.



[52 FR 39498, Oct. 22, 1987, as amended at 54 FR 599, Jan. 9, 1989]