16.4—Investigation.
(a)
If an investigating official concludes that
a subpoena pursuant to the authority conferred by
31 U.S.C. 3804(a) is warranted—
(1)
The subpoena so issued shall notify the
person to whom it is addressed of the authority
under which the subpoena is issued and shall
identify the information, records, or documents
sought;
(2)
The investigating official may designate a
person to act on his behalf to receive the
information, records, or documents sought; and
(3)
The person receiving such subpoena shall be
required to tender to the investigating official
or to the person designated to receive the
information, records, or documents, a
certification that the information, records, or
documents sought have been produced, or that such
information, records, or documents are not
available and the reasons therefor, or that such
information, records, or documents, suitably
identified, have been withheld based upon the
assertion of an identified legal privilege.
(b)
If the investigating official concludes
that an action under the Program Fraud Civil
Remedies Act may be warranted, the investigating
official shall report the
findings and conclusions of such investigation to
the reviewing official.
(c)
Nothing in this section shall preclude or
limit the investigating official's discretion to
refer allegations directly to the Department of
Justice for suit under the False Claims Act, 31
U.S.C. 3729-373 1, or for other civil relief, or to
preclude or limit such official's discretion to
defer or postpone a report or referral to avoid
interference with an investigation into criminal
misconduct or a criminal prosecution.
(d)
Nothing in this section modifies any
responsibility of the investigating official to
report violations of criminal law to the Attorney
General.