FRAUDULENT ACT
A. When the county department or local service delivery agency determines that it has paid a client a grant payment as a result of a fraudulent act, the facts used in the determination shall be reviewed with the department’s legal counsel within the attorney general’s office and/or a representative from the district attorney’s office. If suspected fraud is substantiated by the available evidence, the case shall be referred to the district attorney. All referrals to the district attorney shall be made in writing and shall include the amount of assistance fraudulently received by the client. B. If any deduction is being made from the client’s assistance payment it must be consistent with any court order resulting from a prosecution by the district attorney. If the individual being prosecuted is not an Adult Financial program client, another method of recovery shall be used to collect amounts due to the department. 1. Interest shall be charged from the month in which the overpayment was received until the date the overpayment is recovered. Interest shall be calculated at the legal rate. 2. The client may choose to repay the county department the entire amount of the overpayment at one time or establish a repayment plan. In either instance, the fraud charge should be discussed with the district attorney or appropriate investigative authority. C. If the district attorney declines to prosecute, the amount of overpayment due, as established by the department, will continue to be recovered by deduction from subsequent grant payments or other method of recovery if the individual is not a client of Adult Financial grant payments.