42 CFR 1003.1520
§ 1003.1520 Collateral estoppel.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 1003.1520, § 1003.1520 Collateral estoppel, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/208487
- Permanent ID
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.