5 CFR § 185.106

5 CFR · Administrative Personnel

§ 185.106 — Prerequisites for issuing a complaint.

5 CFR § 185.106

TitleTitle 5: Administrative Personnel PartPart 185: Program Fraud Civil Remedies

SourceeCFR (current through Mar 24, 2026)

This text of 5 C.F.R. § 185.106 (Prerequisites for issuing a complaint.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

5 C.F.R. § 185.106 (2026).

Text

§ 185.106 Prerequisites for issuing a complaint.

(a)The reviewing official may issue a complaint under § 185.107 only if:

(1)The Department of Justice approves the issuance of a complaint in a written statement described in section 3803(b)(1) of title 31 of the United States Code, and

(2)In the case of allegations of liability under § 185.103(a) with respect to a claim, the reviewing official determines that, with respect to such claim or a group of related claims submitted at the same time such claim is submitted (as defined in paragraph (b) of this section), the amount of money, or the value of property or services, demanded or requested in violation of § 185.103(a) does not exceed $150,000.

(b)For the purposes of this section, a related group of claims submitted at the same time

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§ 185.106 Prerequisites for issuing a complaint.

(a) The reviewing official may issue a complaint under § 185.107 only if:

(1) The Department of Justice approves the issuance of a complaint in a written statement described in section 3803(b)(1) of title 31 of the United States Code, and

(2) In the case of allegations of liability under § 185.103(a) with respect to a claim, the reviewing official determines that, with respect to such claim or a group of related claims submitted at the same time such claim is submitted (as defined in paragraph (b) of this section), the amount of money, or the value of property or services, demanded or requested in violation of § 185.103(a) does not exceed $150,000.

(b) For the purposes of this section, a related group of claims submitted at the same time shall include only those claims arising from the same transaction (e.g., grant, loan, application, or contract) that are submitted simultaneously as part of a single request, demand, or submission.

(c) Nothing in this section shall be construed to limit the reviewing official's authority to join in a single complaint against a person, claims that are unrelated or were not submitted simultaneously, regardless of the amount of money, or the value of property or services, demanded or requested.