§ 1003.1520 - Collateral estoppel.  


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  • § 1003.1520 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.