[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR30.7]



[Page 85]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

                            Subpart A_General

 

Sec.  30.7  Claims involving criminal activity or misconduct.



    (a) A debtor whose indebtedness involves criminal activity is 

subject to punishment by fine or imprisonment as well as to a civil 

claim by the United States for compensation for the misappropriated 

funds or property. Examples of such activity are fraud, embezzlement and 

theft or misuse of Government money or property. See 18 U.S.C. 641, 643. 

The Secretary will refer cases of suspected criminal activity or 

misconduct to the Office of Inspector General. That office will 

investigate such cases, refer them to the Department of Justice for 

criminal prosecution and/or return them to the Secretary for collection, 

application of administrative sanctions or other disposition.

    (b) Debts involving anti-trust violations, fraud, false claims or 

misrepresentation--

    (1) Shall be referred by the Secretary to the Office of Inspector 

General for review. The Office of Inspector General shall refer the 

claim back to the Secretary for collection or other disposition to the 

extent authorized by the Department of Justice.

    (2) Shall not be compromised, terminated, suspended or otherwise 

disposed of by the Secretary under these regulations. Only the 

Department of Justice is authorized to compromise, terminate, suspend or 

otherwise dispose of such debts.