049-1 Wyo. Code R. § 1-9

Current through April 27, 2019

Section 1-9 - Legal Actions-Criminal

(a) FO-DFS shall notify DFS-ORP when there is evidence of the following in an assistance unit's file:

• (i) more than one month of overpayment, with the total of all programs in excess of $500.00; and

• (ii) more than one document on which the assistance unit failed to report, or incorrectly reported information; and

• (iii) recordings in the case file indicate the client may have intentionally, knowingly, and willfully abused the system, and the facts show criminal fraud beyond a "reasonable doubt".

• (iv) the agency followed the program(s) policy and rules in determining eligibility and calculating the benefits and overpayments; and

(b) DFS-ORP shall review all new overpayment cases referred by FO-DFS and shall decide whether to pursue criminal action. In making such a determination, DFS-ORP shall consult with the Wyoming Attorney General.

(c) FO-DFS shall wait for notice of the decision by DFS-ORP to refer the case for criminal prosecution.

(d) FO-DFS shall provide the following information in preparation for criminal prosecution;

• (i) a copy of the Case Information Document or a screen print of the Overpayment Claims Authorization (OVCA) screen(s); and

• (ii) a copy of each written document on which the assistance unit or provider misrepresented or failed to report the facts that caused the overpayment(s); and

• (iii) a copy of the Possible Notice of Overpayment and/or the First Notice of Overpayment; and

• (iv) a copy of the document received and used, or the case narrative description of the collateral contact used to verify the eligibility factor(s); and

• (v) a written description of:
  • (A) how and by whom the overpayment was discovered; and
  • (B) the names of workers and summaries of any conversations with the assistance units or provider about the overpayment.

(e) FO-DFS shall, pursuant to the procedure agreed to by the FO-DFS and the local County Attorney, refer the case for criminal prosecution by sending the prepared information and request for full restitution plus costs (excludes the costs on Food Stamp only cases) to:

• (i) the County Attorney's office for prosecution; or

• (ii) the Assistant Attorney General representing DFS-ORP.

(f) FO-DFS shall notify DFS-ORP in writing or by mailbox within two (2) working days when the County Attorney has either taken no action toward prosecution in sixty (60) days following his/ her receipt of the referral or refuses to prosecute the case.

(g) The Assistant Attorney General representing DFS-ORP shall serve as liaison between the FO-DFS and the County Attorney. If the county attorney requests the assistance of the Assistant Attorney General representing DFS-ORP, the Assistant Attorney General representing DFS-ORP shall assist in the criminal prosecution.

(h) The Economic Assistant Specialist/worker may testify to, but not be limited to testifying to, the following:

• (i) the sequence of events;

• (ii) the explanations given to the assistance unit;

• (iii) the information obtained for verification of eligibility factors;

• (iv) the actions taken by the DFS staff; or

• (v) the agency policy(s) applicable to the case.

(i) FO-DFS shall complete the Pre-sentence Investigation Report when requested by Probation and Parole. Full restitution, plus court costs, shall be requested.

(j) FO-DFS shall submit a restitution plan as required by Probation and Parole. The judge may approve or modify the plan based on the defendant's circumstances and ability to pay.

(k) FO-DFS shall send a copy of the court order to DFS-ORP and take the following action:

• (i) if the defendant is acquitted of an Intentional Program Violation, FO-DFS shall take the action specified in the court order and/or pursue a household error; or

• (ii) if the defendant is convicted of an Intentional Program Violation, FO-DFS shall monitor the client's compliance with the restitution plan and notify DFS-ORP as soon as the assistance unit or provider fails to make a payment for sixty (60) days.

(l) FO-DFS shall automatically report all judgments ordering restitution to consumer credit agencies. The judgment shall affect the individual's credit rating.

(m) FO-DFS shall communicate with the probation officer when the assistance unit fails to comply with the sentence imposed by the court. The sentence may include the following:

• (i) a suspended jail sentence;

• (ii) a fine;

• (iii) any suspended penalty in the original sentence; and/or

• (iv) payment of restitution.

(n) DFS-ORP shall have the statutory authority to take a separate civil action following a conviction awarding no restitution and FO-DFS shall be required to provide information as requested.

049-1 Wyo. Code R. § 1-9