Special processing for fraud claims.

CFR · 2024-01-01 · US · Title 5

When an agency sends a claim indicating fraud, presentation of a false claim, misrepresentation by the debtor or any other party interested in the claim, or any claim based in whole or part on conduct violating the antitrust laws, to the Department of Justice (Justice) for possible treatment as a fraud claim (4 CFR 101.3), the following special procedures apply. (a) (b) (i) The name, date of birth, and social security number of the debtor; (ii) The amount of the possible fraud claim, if known; (iii) The basis of the possible fraud claim; and (iv) A statement that the claim is being considered as a possible fraud claim, the collection of which is reserved to Justice. (2) When there is a pending refund application, the Attorney General or designee must file a complaint seeking a judgment on the claim and send a copy of the complaint to OPM; or as provided in 4 CFR 101.3, refer the claim to the agency where the claim arose and (c) (2) If the Attorney General files a complaint and notifies OPM within the applicable 180-day period, OPM will continue to withhold payment of the lump-sum credit until there is a final judgment. (3) If the Attorney General refers the claim to the agency where the claim arose (creditor agency) and notifies OPM within the applicable 180-day period, OPM will notify the creditor agency that the procedures in this subpart and 4 CFR 102.4 must be completed; and a debt claim must be sent to OPM within 120 days of the date of OPM's notice to the creditor agenc

official document · source cfr-2024 · id 5:§ 831.1808