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31 U.S.C. § 3805 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3805 — Judicial review

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Stable record: federal_law:legal_authorities:record_usc_6adbc108d225376772785c52
Source file: Laws/federal/codes/united-states-code/title-31/section-3805-judicial-review--85c0163299.md
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Source location: Title 31, Chapter 38, § 3805; chapter-038-administrative-remedies-for-false-claims-and-statements.md

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**(a)** (1) A determination by a reviewing official under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) shall be final and shall not be subject to judicial review. (2) Unless a petition is filed under this section, a determination under [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) shall be final and shall not be subject to judicial review. **(b)** (1) (A) Any person who has been determined to be liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) pursuant to [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803&num=0&edition=prelim) may obtain review of such determination in— (i) the United States district court for the district in which such person resides or transacts business; (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or (iii) the United States District Court for the District of Columbia. (B) Such review may be obtained by filing in any such court a written petition that such determination be modified or set aside. Such petition shall be filed— (i) only after such person has exhausted all administrative remedies under this chapter; and (ii) within 60 days after the date on which the authority head sends such person a copy of the decision of such authority head under [section 3803(i)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/i/2&num=0&edition=prelim). (2) The clerk of the court shall transmit a copy of a petition filed under paragraph (1) of this subsection to the authority and to the Attorney General. Upon receipt of the copy of such petition, the authority shall transmit to the Attorney General the record in the proceeding resulting in the determination of liability under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim). Except as otherwise provided in this section, the district courts of the United States shall have jurisdiction to review the decision, findings, and determinations in issue and to affirm, modify, remand for further consideration, or set aside, in whole or in part, the decision, findings, and determinations of the authority, and to enforce such decision, findings, and determinations to the extent that such decision, findings, and determinations are affirmed or modified. **(c)** The decisions, findings, and determinations of the authority with respect to questions of fact shall be final and conclusive, and shall not be set aside unless such decisions, findings, and determinations are found by the court to be unsupported by substantial evidence. In concluding whether the decisions, findings, and determinations of an authority are unsupported by substantial evidence, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. **(d)** Any district court reviewing under this section the decision, findings, and determinations of an authority shall not consider any objection that was not raised in the hearing conducted pursuant to [section 3803(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim) unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the court shall remand the matter to the authority for consideration of such additional evidence. **(e)** Upon a final determination by the district court that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim), the court shall enter a final judgment for the appropriate amount in favor of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3803 — Hearing and determinations

**(a)** (1) The investigating official of an authority may investigate allegations that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General. (2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim), the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include— (A) a statement of the reasons of the reviewing official for the referral of such allegations; (B) a statement specifying the evidence which supports such allegations; (C) a description of the claims or statements for which liability under [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim) is alleged; (D) an estimate of the amount of money or the value of property or services requested or demanded in violation of [section 3802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3802&num=0&edition=prelim); and (E) a statement of any exculpatory or mitigating circumstance

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3802 — False claims and statements; liability

**(a)** (1) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know— (A) is false, fictitious, or fraudulent; (B) includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent; (C) includes or is supported by any written statement that— (i) omits a material fact; (ii) is false, fictitious, or fraudulent as a result of such omission; and (iii) is a statement in which the person making, presenting, or submitting such statement has a duty to include such material fact; or (D) is for payment for the provision of property or services which the person has not provided as claimed, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such claim. Except as provided in paragraph (3) of this subsection, such person shall also be subject to an assessment, in lieu of damages sustained by the United States because of such claim, of not more than twice the amount of such claim, or the portion of such claim, which is determined under this chapter to be in violation of the preceding sentence. (2) Any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that— (A) the person knows or has reason to know— (i) asserts a material fact which is false, fictitious, or fraudulent; or (ii) (I) omits a material fact; and (II) is false, fictitious, or fraudulent as a result of such omission; (B) in the case of a statement described in clause (ii) of subparagraph (A), is a statement in which the person making, presenting, or submitting such statement has a duty to

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3806 — Collection of civil penalties and assessments

**(a)** The Attorney General shall be responsible for judicial enforcement of any civil penalty or assessment imposed pursuant to the provisions of this chapter. **(b)** Any penalty or assessment imposed in a determination which has become final pursuant to this chapter may be recovered in a civil action brought by the Attorney General. In any such action, no matter that was raised or that could have been raised in a hearing conducted under [section 3803(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3803/f&num=0&edition=prelim) or pursuant to judicial review under [section 3805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3805&num=0&edition=prelim) may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review. **(c)** The district courts of the United States shall have jurisdiction of any action commenced by the United States under subsection (b) of this section. **(d)** Any action under subsection (b) of this section may, without regard to venue requirements, be joined and consolidated with or asserted as a counterclaim, cross-claim, or setoff by the United States in any other civil action which includes as parties the United States and the person against whom such action may be brought. **(e)** The United States Court of Federal Claims shall have jurisdiction of any action under subsection (b) of this section to recover any penalty or assessment if the cause of action is asserted by the United States as a counterclaim in a matter pending in such court. **(f)** The Attorney General shall have exclusive authority to compromise or settle any penalty or assessment the determination

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3805 — Judicial review

Page 356 TITLE 31—MONEY AND FINANCE § 3805 tempt. In any case in which an authority seeks the enforcement of a subpoena issued pursuant to subsection (a) or (b) of this section, the au- thority shall request the Attorney General to petition any district court in which a hearing under this chapter is being conducted, or in which the person receiving the subpoena resides or conducts business, to issue such an order. (Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21, 1986, 100 Stat. 1944.) § 3805. Judicial review (a)(1) A determination by a reviewing official under section 3803 of this title shall be final and shall not be subject to judicial review. (2) Unless a petition is filed under this section, a determination under section 3803 of this title that a person is liable under section 3802 of this title shall be final and shall not be subject to ju- dicial review. (b)(1)(A) Any person who has been determined to be liable under section 3802 of this title pursu- ant to section 3803 of this title may obtain re- view of such determination in— (i) the United States district court for the district in which such person resides or trans- acts business; (ii) the United States district court for the district in which the claim or statement upon which the determination of liability is based was made, presented, or submitted; or (iii) the United States District Court for the District of Columbia. (B) Such review may be obtained by filing in any such court a written petition that such de- termination be modified or set aside. Such peti- tion shall be filed— (i) only after such person has exhausted all administrative remedies under this chapter; and (ii) within 60 days after the date on which the authority head sends such person a copy of the decision o

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