§ 4-2-7-6 — Misconduct involving state business; report to attorney general; inspector general's authority to bring civil action

Indiana § 4-2-7-6

• Jurisdiction: Indiana
• Art. 2: STATE OFFICERS GENERALLY
• Ch. 7: The Inspector General

Text

(a) This section applies if the inspector general
finds evidence of misfeasance, malfeasance, nonfeasance,
misappropriation, fraud, or other misconduct that has resulted in a
financial loss to the state or in an unlawful benefit to an individual in
the conduct of state business.
(b) If the inspector general finds evidence described in subsection
(a), the inspector general shall certify a report of the matter to the
attorney general and provide the attorney general with any relevant
documents, transcripts, or written statements. Not later than one
hundred eighty (180) days after receipt of the report from the inspector
general, the attorney general shall do one (1) of the following:
(1) File a civil action (including an action upon a state officer's
official bond) to secure for the state the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. Upon
request of the attorney general, the inspector general shall assist
the attorney general in the investigation, preparation, and
prosecution of the civil action.
(2) Inform the inspector general that the attorney general does not
intend to file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. If the
attorney general elects not to file a civil action, the attorney
general shall return to the inspector general all documents and
files initially provided by the inspector general.
(3) Inform the inspector general that the attorney general is
diligently investigating the matter and after further investigation
may file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained. However, if more than
three hundred sixty-five (365) days have passed since the
inspector general certified the report to the attorney general, the
attorney general loses the authority to file a civil action for the
recovery of funds misappropriated, diverted, missing, or
unlawfully gained and shall return to the inspector general all
documents and files initially provided by the inspector general.
(c) If the inspector general has found evidence described in
subsection (a) and reported to the attorney general under subsection (b)
and:
(1) the attorney general has elected under subsection (b)(2) not to
file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained; or
(2) under subsection (b)(3) more than three hundred sixty-five
(365) days have passed since the inspector general certified the
report to the attorney general under subsection (b) and the
attorney general has not filed a civil action;
the inspector general may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
(d) If the inspector general has found evidence described in
subsection (a), the inspector general may institute forfeiture
proceedings under IC 34-24-2 in a court having jurisdiction in a county
where property derived from or realized through the misappropriation,
diversion, disappearance, or unlawful gain of state funds may be
located, unless a prosecuting attorney has already instituted forfeiture
proceedings against that property.
(e) The inspector general may directly institute civil proceedings
against a person who has failed to pay civil penalties imposed by the
ethics commission under IC 4-2-6-12.

Legislative History

As added by P.L.222-2005, SEC.14. Amended by P.L.126-2012, SEC.5; P.L.136-2012, SEC.1.