§1003.1520. Collateral estoppel.
42 C.F.R. § 1003.1520
Where a final determination pertaining to the respondent's liability for acts that violate this part has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent shall be bound by such determination in any proceeding under this part.
In a proceeding under this part, a person is estopped from denying the essential elements of the criminal offense if the proceeding—
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 crime charging fraud or false statements, and
Involves the same transactions as in the criminal action.
Notes, amendments, and revision history
Source
Source: 81 FR 88364, Dec. 7, 2016, unless otherwise noted.
Authority
Authority: 42 U.S.C. 262a, 300jj-52, 1302, 1320a-7, 1320a-7a, 1320b-10, 1395u(j), 1395u(k), 1395cc(j), 1395w-141(i)(3), 1395dd(d)(1), 1395mm, 1395nn(g), 1395ss(d), 1396b(m), 11131(c), and 11137(b)(2).
Source
Source: 51 FR 34777, Sept. 30, 1986, unless otherwise noted.