---
kind: "section"
citation: "20 C.F.R. § 498.114"
title: "20"
number: "498.114"
heading: "Collateral estoppel."
url: "https://uscodex.org/cfr/20/498.114"
---

# §498.114. Collateral estoppel.


In a proceeding under section 1129 of the Social Security Act that—

- (a) Is against a person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal or State crime; and
- (b) Involves the same transactions as in the criminal action, the person is estopped from denying the essential elements of the criminal offense.

## Notes

### Amendments

[61 FR 18080, Apr. 24, 1996, as amended at 71 FR 28581, May 17, 2006]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[61 FR 18080, Apr. 24, 1996, as amended at 71 FR 28581, May 17, 2006]