198.161. Fraud investigation division created--director--compensation--assistance by local prosecutors. - Missouri Statutes

Fraud investigation divisioncreated--director--compensation--assistance by local prosecutors.

198.161. 1. There is hereby created within the departmentof social services a "Fraud Investigation Division". The fraudinvestigation division shall be headed by a division directorappointed by the director of the department of social services.The director of the fraud investigation division shall be anattorney at law licensed to practice in this state and shall havesubstantial experience in criminal prosecution or defense. Thedirector of the fraud investigation division shall receive suchcompensation as the director of the department of social servicesmay designate subject to appropriation by the general assembly.The director of the fraud investigation division may employ suchattorneys, accountants, investigators and such other personnel asare necessary to conduct the activities of the division. A teamapproach to the operations of the division shall be utilizedwherever practicable.

2. The director of the fraud investigation division, withsuch assistance as he may require from the appropriate countyprosecuting attorney, shall investigate suspected violations ofsections 198.139 to 198.155 and any civil liabilities due thestate as a result of any such violation. Evidence of actionswhich may constitute criminal violations under sections 198.139to 198.155 shall be referred to the appropriate countyprosecuting attorney. If the prosecuting attorney fails orrefuses to initiate prosecution on a cause referred to him by thedirector of the fraud investigation division within sixty daysafter he is made aware by complaint of an alleged violation, theprosecuting attorney shall so notify the attorney general, whomay take full charge of the prosecution and may initiateprosecution by information or indictment for the violation.

(L. 1979 S.B. 328, et al. § 52)

Effective 7-1-79