; (B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and (C) that such conduct occurred after the date of enactment of this section. (2) Review Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the Member of Congress concerned, or his or her attorney, alleging that a condition set forth in subparagraph (A), (B), or (C) of paragraph (1), as certified by the Attorney General, has not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned. (d) Absence from the United States To avoid prosecution (1) In general A Member of Congress, or a survivor or beneficiary of a Member of Congress, may not be paid annuity or retired pay on the basis of the service of the Member of Congress in any position as an officer or employee of the Federal Government which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the Member of Congress— (A) is under indictment, or has outstanding against him or her charges preferred under the Uniform Code of Military Justice, for a felony for which the conduct constituting the offense was committed in whole or in part— (i) on or after the date of enactment of this section; and (ii) while a Member of Congress