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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 42 - Public Health |
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Chapter V - Office of Inspector General-Health Care, Department of Health and Human Services |
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SubChapter B - OIG Authorities |
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Part 1003 - Civil Money Penalties, Assessments and Exclusions |
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Subpart O - XXX |
§ 1003.1520 - Collateral estoppel.
Latest version.
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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.