Program Fraud Civil Penalties Act of 1985: Hearing Before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, Ninety-ninth Congress, First Session, on S. 1134 ... June 18, 1985U.S. Government Printing Office, 1985 - 351 Seiten |
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adjudication administrative law judges administrative proceedings agency ALJ's alleged amended appeal appropriate Attorney authority head believe bill Chairman civil action civil monetary penalties civil money penalties claim or statement claims and statements CMPL collateral estoppel commenter Committee CONGRESS THE LIBRARY contract contractor cost court DAWSON debarment Department of Justice determination double damages due process employees evidence fact False Claims Act false statements Federal Government filed final forfeiture fraudulent hearing examiner Inspector intent investigating official issue item or service Justice Department KUSSEROW legislation liability LIBRARY OF CONGRESS Medicaid Medicare ment negligence party penalties and assessments penalty or assessment person procedures proposed pursuant reason to know regulations requests for payment require Response reviewing official Rhett Dawson Secretary section 802 Senator COHEN Senator LEVIN standard statistical sampling statute submitted subpoena suspension and debarment testimony twice the amount U.S. attorneys United VANDER SCHAAF WILLARD
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Seite 226 - ... make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, in any matter within the jurisdiction of any department or agency of the United States...
Seite 178 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 557 of this title, except as witness or counsel in public proceedings.
Seite 192 - No objection that has not been urged before the Board, its member, agent, or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.
Seite 192 - Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole. shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for...
Seite 192 - Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a de.cree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board.
Seite 192 - Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which...
Seite 226 - States, who shall do or commit any of the acts prohibited by any of the provisions of section [5438] shall forfeit and pay to the United States the sum of $2,000, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit.
Seite 189 - In addition, such a person shall be subject to an assessment of not more than twice the amount claimed for each such item or service in lieu of damages sustained by the United States or a State agency because of such claim.
Seite 25 - Congress creates new statutory "public rights," it may assign their adjudication to an administrative agency with which a jury trial would be incompatible, without violating the Seventh Amendment's injunction that jury trial is to be "preserved
Seite 191 - Act shall be subject, in addition to any other penalties that may be prescribed by law A.