28 CFR § 71.5 - Review by the reviewing official.

---
identifier: "/us/cfr/t28/s71.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 71.5 - Review by the reviewing official."
title_number: 28
title_name: "Judicial Administration"
section_number: "71.5"
section_name: "Review by the reviewing official."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "71"
part_name: "IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321."
regulatory_source: "Order No. 1268-88, 53 FR 11646, Apr. 8, 1988, unless otherwise noted."
cfr_part: "71"
---


# 71.5 Review by the reviewing official.

(a) If, based on the report of the investigating official under § 71.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under § 71.3, the reviewing official shall transmit to the Assistant Attorney General, Civil Division, a written notice of the reviewing official's intention to have a complaint issued under § 71.7. Such notice shall include

(1) A statement of the reviewing official's reasons for issuing a complaint;

(2) A statement specifying the evidence that support 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 § 71.3 of this part;

(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.