The Federal statute of limitations set forth in 18 U.S.C. 3282, as here applicable,
“prevents prosecution of an individual, tried, or punished for any offense, not capital,
unless the indictment is found or the information is instituted within five years
next after such offense shall have been committed.” (If this becomes relevant to the
case, see DI 33025.035C.1 in this section).
The disability hearing is not the forum for criminal prosecution. Therefore, the DHU
will not investigate, query or be influenced in a decision by the fact that the case
is identified as a “potential violation” case and is under investigation. The DHU
will resolve ordinary issues as usual.