A "DOJ Referral or Deficiency Notice" (Exhibit C) will be completed to indicate that
the case has been referred to the U.S. Attorney or the reason for it being returned
to the FO. Upon receipt of the "DOJ Referral or Deficiency Notice," if the case will
not be submitted to the U.S. Attorney, the FO should make a systems input to delete "CODJ"
from the CG field and input the appropriate TAC code. If the case has been submitted
to DOJ, "CODJ" should remain in the CG field.
The system will automatically build the CG field based on the last referral type selected
from the Overpayment Decision (UOPD) screen. The system will build the following CG
fields for each type:
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•
REFERRAL TO DEPARTMENT OF JUSTICE - CODJ
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•
REFERRAL TO PROGRAM INTEGRITY - CORP
-
•
REFERRAL TO ANOTHER AGENCY - CORO
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Exhibit A
CHECKLIST FOR REFERRAL OF OVERPAYMENT TO THE ASSISTANT REGIONAL COMMISSIONER, PROCESSING
CENTER OPERATIONS
Prior to referral of an overpayment case to the Department of Justice (DOJ), the following
criteria (POMS GN 02215.165) should be met:
-
1.
The debt is $3,000 or more (debts exceeding $100,000 must always be referred unless
fraud is involved).
-
2.
All other avenues of resolution have been exhausted (i.e., refund, installments, etc.).
-
3.
Compromise settlement is specifically addressed in file.
-
4.
a. The debt is within the statute of limitations (i.e., within 6 years of overpayment
or 1 year after final decision-whichever is later), or
b. The statute of limitations has run out, but an extension is possible per GN 02215.150B.2.
-
5.
All obvious weakening factors (e.g., agency error, age 70 or older, health, complex
situation, etc.) have been identified.
-
6.
The debtor's residence address has been verified within 6 months of referral.
-
7.
The file clearly reflects that there are available income and/or assets to permit
repayment or, an explanation documenting why this information is not available.
-
8.
The person(s) from whom recovery is sought, is legally liable for refunding the overpayment
(SI 02201.020).
Exhibit B
FIELD OFFICE REFERRAL FORM
TO: Assistant Regional Commissioner
Processing Center Operations
Debt Management Section
FROM: District or Branch Manager
______________________
(City and State)
SUBJECT: Department of Justice Referral—ACTION
Attached is a referral of a title XVI overpayment for possible Department of Justice
(DOJ) referral. This case meets all criteria for referral as specified in GN 02215.165.
Recipient's Name: ______________________________________
Clam Number: _________________________________________
Amount of Overpayment: ________________________________
County in which Debtor Resides: __________________________
FO Contact Person: _____________________________________
(GS-12 or above)
Telephone Number: _____________________________________
Exhibit C
DEPARTMENT OF JUSTICE REFERRAL OR DEFICIENCY NOTICE
TO: District or Branch Manager
FROM:
SUBJECT: Department of Justice Referral
________________________________
(case name, claim number)
___________________ — REPLY
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We forwarded the subject case to the U.S. Attorney for possible referral to the Department
of Justice (DOJ) on _____________
(Date)
|
We are not referring the subject case to the U.S. Attorney for the following reason(s):
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|
We forwarded the subject case to the U.S. Attorney for possible referral to the Department
of Justice (DOJ) on _____________
(Date)
We are not referring the subject case to the U.S. Attorney for the following reason(s):
|
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Claim was not referred within the time limit for bringing a timely suit against the
debtor.
|
|
-------
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Claim was less than $3,000.
|
|
-------
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Claim did not include the debtor's current (within 6 months) residence address.
|
|
-------
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Claim was not accompanied by credit data obtained within the last 6 months indicating
the present of likely future availability of assets or income from which substantial
sum may be obtained by enforced collection proceedings.
|
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-------
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The following circumstance(s) would substantially impair our ability to sustain our
case in court:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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The salability of the subject case is substantially reduced since the size of the
debt ( ) is relatively small in comparison to the cost that would be expended to pursue
a civil suit.
|
We are returning the subject case for the following development before it can be considered
for DOJ referral.
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-------
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The liability of both the representative payee who received the incorrect payments
and the recipient should be determined before proceeding with further action on the
overpayment, since the presumption of liability is questioned (SI 02201.021).
|
|
-------
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The initial overpayment notice was not sent to the recipient and/or the representative
payee.
|
|
-------
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The subject case does not meet the criteria for enforced collection since the fraud
issue remains open. The case should be processed under the provisions relating to
overpayments involving fraud (SI 02201.005D).
|
|
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|
The following discrepancies must be resolved:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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Upon completion of the action(s) as indicated above resubmit the case to the Assistant
Regional Commissioner, Processing Center Operations for possible DOJ referral or initiate
action to suspend collection of the overpayment, as appropriate.
Questions regarding this case should be directed to the Debt Management Program Analysts
at (312) 575-5110.