---
kind: "section"
citation: "45 C.F.R. § 681.46"
title: "45"
number: "681.46"
heading: "What if the investigation indicates criminal misconduct?"
url: "https://uscodex.org/cfr/45/681.46"
---

# §681.46. What if the investigation indicates criminal misconduct?

- (a) **Any investigating official may—**
  - (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the False Claims Act or other civil proceeding;
  - (2) Defer or postpone a report or referral to the reviewing official to avoid interference with a criminal investigation or prosecution; or
  - (3) **Issue subpoenas under any other statutory authority.**
- (b) Nothing in this part limits the requirement that NSF employees report suspected violations of criminal law to the NSF Office of Inspector General or to the Attorney General.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.
