---
kind: "section"
citation: "31 C.F.R. § 16.5"
title: "31"
number: "16.5"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/31/16.5"
---

# §16.5. Review by the reviewing official.

- (a) If, based on the report of the investigating official under [§ 16.4(b)](/cfr/31/16.4.md?p=b), the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 16.3](/cfr/31/16.3.md) of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under [§ 16.7](/cfr/31/16.7.md).
- (b) Such notice shall include—
  - (1) A statement of the reviewing official's reasons for issuing a complaint;
  - (2) A statement specifying the evidence that supports the allegations of liability;
  - (3) A description of the claims or statements upon which the allegations of liability are based;
  - (4) An estimate of the amount of money or the value, if any, of property, services, or other benefits requested or demanded in violation of [§ 16.3](/cfr/31/16.3.md) of this part; or, if no monetary value can be put on the property, service or benefit, a statement regarding the non-monetary consequences to the agency of a false statement.
  - (5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and
  - (6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments. Such a statement may be based upon information then known or an absence of any information indicating that the person may be unable to pay such an amount.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 52 FR 35071, Sept. 17, 1987, unless otherwise noted.