- (a) Upon receipt of the report of the investigating official, the reviewing official may refer the report to the appropriate agency fraud claims officer (AFCO) for a recommendation with respect to the determination required under this section.
- (b) The AFCO shall evaluate the evidence and make a recommendation to the reviewing officer within 45 days of receipt of the report of the investigating official.
- (c) The reviewing official is not bound by the recommendation of the AFCO, and may accept or reject it.
- (d) If, based on the report of the investigating official under § 1.304(f) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under § 1.303 of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 1.307 of this part.
(e) Such notice shall include—
- (1) A statement of the reviewing official's reasons for issuing a complaint;
- (2) A statement of 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 § 1.303 of this part;
- (5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements;
- (6) A statement that there is a reasonable prospect of collecting the amount specified in § 1.307(b)(2) of this part and the reasons supporting such statement.