§3802. False claims and statements; liability — Inbound Citations

Citations to 31 U.S.C. § 3802 as a whole

• 31 U.S.C. § 3801(a)(5)

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  (5) “knows or has reason to know”, for purposes of establishing liability under section 3802, means that a person, with respect to a claim or statement—

  (A) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;

  (B) acts in deliberate ignorance of the truth or falsity of the claim or statement; or

  (C) acts in reckless disregard of the truth or falsity of the claim or statement,

  and no proof of specific intent to defraud is required;
• 31 U.S.C. § 3803(a)(1)

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  (1) The investigating official of an authority may investigate allegations that a person is liable under section 3802 of this title and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General.
• 31 U.S.C. § 3803(a)(2)

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  (2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under section 3802 of this title, the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include—

  (A) a statement of the reasons of the reviewing official for the referral of such allegations;

  (B) a statement specifying the evidence which supports such allegations;

  (C) a description of the claims or statements for which liability under section 3802 of this title is alleged;

  (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of section 3802 of this title; and

  (E) a statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
• 31 U.S.C. § 3803(a)(2)(C)

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  (C) a description of the claims or statements for which liability under section 3802 of this title is alleged;
• 31 U.S.C. § 3803(a)(2)(D)

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  (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of section 3802 of this title; and
• 31 U.S.C. § 3803(c)(1)

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  (1) No allegations of liability under section 3802 of this title with respect to any claim made, presented, or submitted by any person shall be referred to a presiding officer under paragraph (2) of subsection (b) if the reviewing official determines that—

  (A) an amount of money in excess of $1,000,000; or

  (B) property or services with a value in excess of $1,000,000,

  is requested or demanded in violation of section 3802 of this title in such claim or in a group of related claims which are submitted at the time such claim is submitted.
• 31 U.S.C. § 3803(c)(2)(A)

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  (A) Except as provided in subparagraph (B) of this paragraph, no allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual shall be referred to a presiding officer under paragraph (2) of subsection (b).
• 31 U.S.C. § 3803(c)(2)(B)

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  (B) Allegations of liability against an individual under section 3802 of this title with respect to any claim or statement made, presented, or submitted, or caused to be made, presented, or submitted, by such individual relating to any benefits received by such individual may be referred to a presiding officer under paragraph (2) of subsection (b) if—

  (i) such claim or statement is made by such individual in making application for such benefits;

  (ii) such allegations relate to the eligibility of such individual to receive such benefits; and

  (iii) with respect to such claim or statement, the individual—

  (I) has actual knowledge that the claim or statement is false, fictitious, or fraudulent;

  (II) acts in deliberate ignorance of the truth or falsity of the claim or statement; or

  (III) acts in reckless disregard of the truth or falsity of the claim or statement.
• 31 U.S.C. § 3803(d)(1)

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  (1) On or after the date on which a reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section, the reviewing official shall mail, by registered or certified mail, or shall deliver, a notice to the person alleged to be liable under section 3802 of this title. Such notice shall specify the allegations of liability against such person and shall state the right of such person to request a hearing with respect to such allegations.
• 31 U.S.C. § 3803(d)(2)(B)(ii)(II)

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  (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and
• 31 U.S.C. § 3803(f)(1)

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  (1) the liability of a person under section 3802 of this title; and
• 31 U.S.C. § 3803(g)(2)(A)

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  (A) The provision of written notice of the hearing to any person alleged to be liable under section 3802 of this title, including written notice of—

  (i) the time, place, and nature of the hearing;

  (ii) the legal authority and jurisdiction under which the hearing is to be held; and

  (iii) the matters of facts and law to be asserted.
• 31 U.S.C. § 3803(g)(2)(B)

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  (B) The provision to any person alleged to be liable under section 3802 of this title of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment.
• 31 U.S.C. § 3803(g)(2)(E)

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  (E) The provision to any person alleged to be liable under section 3802 of this title of opportunities to present such person’s case through oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
• 31 U.S.C. § 3803(g)(2)(F)

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  (F) Procedures to permit any person alleged to be liable under section 3802 of this title to be accompanied, represented, and advised by counsel or such other qualified representative as the authority head may specify in such regulations.
• 31 U.S.C. § 3803(g)(3)(B)(i)

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  (i) Procedures for the inclusion, in any written notice of a hearing under this section to any person alleged to be liable under section 3802 of this title, of a description of the procedures for the conduct of the hearing.
• 31 U.S.C. § 3803(g)(3)(B)(ii)

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  (ii) Procedures to permit discovery by any person alleged to be liable under section 3802 of this title only to the extent that the presiding officer determines that such discovery is necessary for the expeditious, fair, and reasonable consideration of the issues, except that such procedures shall not apply to documents, transcripts, records, or other material which a person is entitled to review under paragraph (1) of subsection (e) or to information to which a person is entitled under paragraph (2) of such subsection. Procedures promulgated under this clause shall prohibit the discovery of the notice required under subsection (a)(2) of this section.
• 31 U.S.C. § 3803(g)(4)(A)

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  (A) in the judicial district of the United States in which the person alleged to be liable under section 3802 of this title resides or transacts business;
• 31 U.S.C. § 3803(h)

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  (h) The presiding officer shall issue a written decision, including findings and determinations, after the conclusion of the hearing. Such decision shall include the findings of fact and conclusions of law which the presiding officer relied upon in determining whether a person is liable under this chapter. The presiding officer shall promptly send to each party to the hearing a copy of such decision and a statement describing the right of any person determined to be liable under section 3802 of this title to appeal the decision of the presiding officer to the authority head under paragraph (2) of subsection (i).
• 31 U.S.C. § 3803(i)(2)(A)(i)

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  (i) Except as provided in clause (ii) of this subparagraph, within 30 days after the presiding officer issues a decision under subsection (h) of this section, any person determined in such decision to be liable under section 3802 of this title may appeal such decision to the authority head.
• 31 U.S.C. § 3803(i)(2)(C)

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  (C) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the presiding officer pursuant to this section. The authority head shall promptly send to each party to the appeal a copy of the decision of the authority head and a statement describing the right of any person determined to be liable under section 3802 of this title to judicial review under section 3805 of this title.
• 31 U.S.C. § 3803(j)(1)

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  (1) The reviewing official has the exclusive authority to compromise or settle any allegations of liability under section 3802 of this title against a person without the consent of the presiding officer at any time after the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section and prior to the date on which the presiding officer issues a decision under subsection (h) of this section. Any such compromise or settlement shall be in writing.
• 31 U.S.C. § 3803(j)(2)

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  (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b).
• 31 U.S.C. § 3805(a)(2)

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  (2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to judicial review.
• 31 U.S.C. § 3805(b)(1)(A)

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  (A) Any person who has been determined to be liable under section 3802 of this title pursuant to section 3803 of this title may obtain review of such determination in—

  (i) the United States district court for the district in which such person resides or transacts business;

  (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or

  (iii) the United States District Court for the District of Columbia.
• 31 U.S.C. § 3805(b)(2)

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  (2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the authority and to the Attorney General. Upon receipt of the copy of such petition, the authority shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under section 3802 of this title. Except as otherwise provided in this section, the district courts of the United States shall have jurisdiction to review the decision, findings, and determinations in issue and to affirm, modify, remand for further consideration, or set aside, in whole or in part, the decision, findings, and determinations of the authority, and to enforce such decision, findings, and determinations to the extent that such decision, findings, and determinations are affirmed or modified.
• 31 U.S.C. § 3805(e)

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  (e) Upon a final determination by the district court that a person is liable under section 3802 of this title, the court shall enter a final judgment for the appropriate amount in favor of the United States.
• 31 U.S.C. § 3808(a)(1)

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  (1) 6 years after the date on which the violation of section 3802 is committed; or