42 CFR 1003.114 : Public Health (Part 1 To Parts 1009-1099) — (§ 482.1 To Parts 1009-1099) — Office Of Inspector General-Health Care, Department Of Health And Human Services (Subpart A To Parts 1009-1099) — Oig Authorities (§ 1001.1 To Parts 1009-1099) — Civil Money Penalties, Assessments And Exclusions (§ 1003.100 To § 1003.135) — Collateral estoppel.

(a) Where a final determination pertaining to the respondent's liability under § 1003.102 has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent shall be bound by such determination in any proceeding under this part.

(b) In a proceeding under this part that -

(1) Is against a person who has been convicted (whether upon a verdict after trial or upon a plea of guilty or nolo contendere) of a Federal crime charging fraud or false statements, and

(2) Involves the same transactions as in the criminal action, the person is estopped from denying the essential elements of the criminal offense.