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8 The methods used in investigating possible fraud should be adapted to the situation of the AG and the eligibility factors concerned. The investigation must be conducted in such manner that: · The legal rights of the AG are preserved · The privacy of the home is not invaded without consent · Search and seizure are not committed · The AG's right to due process of law is protected · The right to legal counsel is not obstructed · Confidential information is used only for the administration of assistance. 4610.15.25 REPORT OF FRAUD INVESTIGATIONS AND ADJUDICATIONS When the investigation is completed, a report of all facts in the case is to be made. If the report reveals no basis for the suspicion of fraudulent activity, such decision is to be entered in the case record. Exoneration of the innocent is as important as prosecution of the guilty. If the report indicates a basis for suspected fraud, the period during which it is believed that the AG fraudulently obtained assistance is to be made a part of the record. It is important that all investigations for all programs be entered in CODY System. The Benefit Recovery worker’s initial investigations should be entered as well as referrals to the Bureau of Investigation. Update and add information as changes occur. All individuals referred for prosecution or an ADH must be reported in CODY. CODY must be updated as each case progresses through the legal system. 4610.15.30 REFERRAL TO COUNTY PROSECUTOR The Bureau of Investigation will decide whether to refer a case for prosecution. The County Prosecutor has the final word concerning the type and number of cases against which criminal charges will be filed or whether criminal charges will be filed at all. The DFR should have an agreement with the Prosecutor and knowledge of the documents and procedures which the Prosecutor will request. All available evidence must be provided with the referral. Repayment of a claim must never be discussed with the AG pending the outcome of the Criminal Court action; therefore, claims intended for prosecution should not be opened until adjudication is completed. Once the decision has been made to refer the claim(s) for prosecution, 'prosecutor information' must be entered in the Benefit Recovery notes. A specific criminal statute exists for acts of welfare fraud committed September 1, 1984, or after and is applicable for all programs. There are five separate areas of welfare fraud and abuse listed. The accused person must knowingly or intentionally: