Family Services, Dept. of

Eligibility Integrity Unit (EIU)

Chapter 5: Prosecution

Effective Date: 01/18/2025 to Current

Rule Type: Current Rules & Regulations

Reference Number: 049.0037.5.01182025

Chapter 5

PROSECUTION

Section 1. Investigative Report.

(a) Allegations of public assistance fraud may result in the Department submitting an Investigative Report to a prosecuting attorney, who may decide to file criminal charges.

(b) Factors considered before making a referral to a prosecutor may include, but are not limited to:

1. (i) Extent of the fraudulent activity;
2. (ii) Duration of the fraudulent activity;
3. (iii) Documentation and information supporting the fraudulent activity; or
4. (iv) Amount of the overpayment.

Section 2. Restitution. The Investigator shall request restitution of the total amount of the overpayment be included as part of the Judgment and Sentence.

Section 3. Subsequent to Conviction.

(a) The Investigator shall monitor the repayment of the restitution and work with the Wyoming Department of Corrections, as appropriate, to assure repayment of restitution.

(b) Upon receipt of the criminal Judgment, the convicted adult shall be referred for a program disqualification, as appropriate.

(c) If restitution is not paid, the Department may seek to obtain a civil judgment in order to obtain repayment.