---
kind: "section"
citation: "45 C.F.R. § 681.5"
title: "45"
number: "681.5"
heading: "What happens if program fraud is suspected?"
url: "https://uscodex.org/cfr/45/681.5"
---

# §681.5. What happens if program fraud is suspected?

- (a) If the investigating official concludes that an action under this part is warranted, the investigating official submits a report containing the findings and conclusions of the investigation to the reviewing official. If the reviewing official determines that the report provides adequate evidence that a person made a false, fictitious or fraudulent claim or statement, the reviewing official shall transmit to the Attorney General written notice of an intention to refer the matter for adjudication, with a request for approval of such referral. This notice will include the reviewing official's statements concerning:
  - (1) The reasons for the referral;
  - (2) The claims or statements upon which liability would be based;
  - (3) The evidence that supports liability;
  - (4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in the false claim or statement;
  - (5) 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.
- (b) If, at any time, the Attorney General or his or her designee requests in writing that this administrative process be stayed, the authority head, as identified in [§ 681.2(c)](/cfr/45/681.2.md?p=c) of this part, must stay the process immediately. The authority head may order the process resumed only upon receipt of the written authorization of the Attorney General.

## Notes

### Source

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