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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter I - Office of the Secretary of Defense |
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SubChapter M - Miscellaneous |
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Part 200 - Civil Money Penalty Authorities for the TRICARE Program |
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Subpart O - Procedures for the Imposition of CMPs and Assessments |
§ 200.1520 - Collateral estoppel.
Latest version.
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§ 200.1520 Collateral estoppel.
(a) 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.
(b) In a proceeding under this part, a person is estopped from denying the essential elements of the criminal offense if the proceeding -
(1) 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
(2) Involves the same transactions as in the criminal action.