UIPL10-87.pdf

ETA Advisory File Text

ATTACHMENT TO UIPL 10-87 DIRECTIVE UIS INFORMATION BULLETIN NO. 14-85 TO ALL REGIONAL ADMINIqFMTORS 4 U.S. DEPARTMENT OF LABOR Employment and Training Administration Washington D.C. 20213 c FROM CLASSIFICATION U I CORRESPONDENCE SYMBOL TEUMC DATE February 8 1985 Director L Unemployment Insurance Service Memorandum of Under standing MOU Regarding Unemployment Compensation SUBJECT UC Criminal Investigations Between this Department s Office of the Inspector General OIG and the Employment and Training Administration ETA Attached is a copy of the subject MOU which was signed by Assistant Secretary Casillas on January 3 1985. The MOU establishes the role of the OIG in dealing with cases of fraud or other crimes in UC programs. The interim instructions transmitted by TWX from Bert Lewis to all RAs dated May 15 1984 SUBJECT Unemployment Insurance Incident Reporting will remain in effect pending forthcoming issuance of additional procedural guidelines. If you have any questions please contact Bob Gillham on 8-376-7195. Attachment RESCISSIONS I EXPIRAT ION DATE I I I DISTRIBUTION MEEIOPANDUM OF UNDERSTANDING U.S. DEPARTMENT OF LABOR OFFICE OF THE INSPECTOR GENERAL AND . r . EMPLOYMENT AND TRAINING ADMINISTRATION . .. REGARDING 3- -. .. UNEMPLOYMENT OMPENSATION CRIMINAL INVESTIGATIONS -- - . . - -. . . . - . This docurnent.establishes the role of the Office of the Inspector General OIG in dealing with cases of fraud or other crimes in unemployment compensation programs. The OIG has assumed the responsibility for activities formerly performed by the Federal Bureau of Investigation and will assist the State Employment Security Agency SESA investigative units in additional areas of mutual investigative concern to assure that all criminal allegations are thoroughly investigated and that prosecution is pursued as appropriate. -2. i e aB o s f. 9PIG Y s9SrSU Qiss s of E i i s-E 1s s -S hemss ad Tb ef tLsm bezLLs11 9nf a dA SEY --E D GX S- -Z YSS -QJ . OIG will commit resources to the investigation of these offenses on a priority basis and anticipates working these crimes jointly with SESA criminal investigative personnel. The potentid for nationwide fraud vulnerability and siza le losses ars Fresent with these offenses and an appropriate investigative response utilizing the resources of both the OIG and the SESA is essential. The existence of these offenses shall be promptly reprted to OIG and as circumstances dictzte should be initially telephoned to the Regionel Inspector General for Investigations or the Chief of the Security and Special Investigations Branch RIGI CSSI within twenty-four hours from discovery followed by written confirmation . Response to these compltints will be decided within one working day from notice to the RIGI CSSI. 3 - ofi Q L s m a t E a dJa ssfi -ti -E e n b ss. Claimant fraud cases which will be routinely referred to the RIGI CSSI with a copy of the referral also sent to the Regional A6ministrator RA are within the following programs A. Unemployment Coml ensation for Federal mployees UCFE B. Unemployment Con ensation for Ex-Servicemembers UCX C. Trade Adj ustnent A sistance for Workers TPA TRA D. Disaster Unenployment Assistance DUA E. Reedood Employee Protection Progrm REPP and F. Federa Suppl mental Com ensation FSC . The criteria for referral of claimant fraud cases to OIG within these programs will be - - A. The fraudulent overpayment exceeds 1 000 or B. The fraudulent overpayment regardless of amount - involves the use of a false governmental identification - - document to claim entitlement for benefits violation of 18 USC 1028 or C. Other factors which in the judgment of the SESA or ETA officials indicate a need for OIG investiggtion for example offenses of an extremely flagrant nature offenders no longer in the state etc. Referral of these claimant fraud cases will be via a narrative summary from the SESA to the appropriate RIGI CSSI on a memorandum state report form or GOL Incident Report which shall set forth the offender s identity race sex DOB physical description address etc. type of scheme doll r loss factual information 2eveloped etc. The following types of information should be attached to the referr copies of applications certificates statements or affidavits in which fdlse alleqations of rn terial facts are scde ccpies of payrclln sanples cf si- tures and sdcn other evidence as the SESA mEy obtain. Within five days the RIGI CSSI will make written acceptance of the referral or will return to the SESA those complaints which OIG will not investigate. In those referrals accepted OIG will conduct such investigations as it deems necessary in preparing the case for prosecution and will keep the SESA a6vised on a confidential basis of the status of the case. When a claimant fraud compleint has been ref erred to OIG for investigation the SESA will coordinate all claimant contacts with the RIGI CSSI to insure that these actions will not interfere with the pending criminal investigation and prosecution. After the case is closed the RIG1 will notify the SESA with a copy to the Employment and Training Ahinistration ETA Regional A iinistrztor RA of the outcome of the case If the referral criteria should be chenged within a jurisdiction due to workload the known attitude of prosecutors or adequacy of SESA obtained prosecutions the Assistant Ins ector General for Investigations and the khinistrator Office of Program and Fiscal Intesr i ty ETA will authorize an adjustment of the referral criteria. The CJIC policy will be to avoid unnecessary referral of cases which will not be icvesticjated ----------------- WIG has no objection if ETA wishes to mzke mandctory the use of the DOL Incident Report ELI-156 . P . ailnhillf ysf -PTE- DY s P Ys P s Y sPs BsB s E sA Inygs j gafj yg-S t aff. The RIGI CSSI will assist SESA investigative units in other claimant fraud cases on a case-by-case basis upon request by the SESA The nature of the assistance will depend upon local circumstances and might include problems encountered with suspects outside the state lack of resources to investigate sizable frauds which involve Extended Benefits the use of false governmental identification documenti to claim entitlement for benefits interstate claims etc. These matters will be decided by the RIGI CSSI and appropriate SESA officials with the knowledge of the RA. - - B QJ S. The RIGI CsSI will provide an Advise of Scheduled Investigation OIG Form 104B to the SESA with a copy to the RA for those cases accepted for investigation. An Investigative Memorandum will be provided to the RA when an investigation discloses SESA employee misconduct program weaknesses or other issues of significance to progrm managenent Informaticn which will impact program administration or current benefit payments will be brought to the attention of the RA when discovered by OIG. The RA will be immediakely advised by the RIG1 when notice is received from a SESA upon discovery of a fictitious employer scheme or theft mbezzlexezt Erzud by a SESA cmployea The BIGI CSSI will notify the SESA with a copy to tb.e RA of the outcome of each case after closing. 6. Eg al-l ui d ines tg-the SES As. Federal guide1 ines with regard to all aspects of unemployment compenszition prograiis are provided to the States through a series of handbooks issued by the Employment and Tr ining Administration These hzndbooks will be modified to reflect the OIG s role in unemployment compensation programs. The Assistant Inspector General for Investisations will be consulted prior to any issuance which impacts OIG. . RIAN HYLAI D nspector General -- FRAKfi Co CASILI AS Assistant Secretary Employment and Training A ninist ration Date