20 CFR § 355.5 - Review by the reviewing official.
---
identifier: "/us/cfr/t20/s355.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 355.5 - Review by the reviewing official."
title_number: 20
title_name: "Employees' Benefits"
section_number: "355.5"
section_name: "Review by the reviewing official."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "E"
subchapter_name: "ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS OR STATEMENTS"
part_number: "355"
part_name: "REGULATIONS UNDER THE ADMINISTRATIVE FALSE CLAIMS ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 3809; sec. 5203, Pub. L. 118-159, 138 Stat. 1773."
regulatory_source: "52 FR 47706, Dec. 16, 1987, as amended at 90 FR 25144, June 16, 2025, unless otherwise noted."
cfr_part: "355"
---
# 355.5 Review by the reviewing official.
(a) If, based on the report of the investigating official under § 355.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under § 355.3, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 355.7.
(b) Such notice shall include—
(1) A statement of the reviewing official's reasons for issuing a complaint;
(2) A statement specifying the evidence that supports the allegations of liability;
(3) A description of the claims or statements upon which the allegations of liability are based;
(4) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 355.3;
(5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and
(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments. Such a statement may be based upon information then known or an absence of any information indicating that the person may be unable to pay such an amount.