Indiana State Police Special Investigations Section Organized Crime and Corruption Unit Detective Sergeant Jeffrey A

Indiana State Police Special Investigations Section Organized Crime and Corruption Unit Detective Sergeant Jeffrey A. Coffey • Special Investigations Section • Organized Crime and Corruption • Marion County Grand Jury Task Force • Indianapolis District Field Investigations • Gaming Division Background Investigations Unit • 26 ½ years with the Indiana State Police Detective Sergeant Don Howard • Special Investigations Section • Organized Crime and Corruption Unit • United States Attorney’s Financial Crimes Task Force • Asset Forfeiture Unit • Gaming Division Background Investigations Unit • 26 years with Indiana State Police Agenda of the presentation • Who is the Indiana State Police Special Investigations Section Organized Crime and Corruption Unit • How do we receive our cases • ISBOA guidance for internal controls • Examples of common criminal violations • Hatch Act • Garrity • Case examples • Question and Answer Session Who is ISP OCCU • Special Investigations Section: Primarily investigates offenses involving government corruption, organized crime, public integrity, human trafficking, financial crimes, and auto theft. • Special Investigations Division detectives work collaboratively with local, state, and federal officials to investigate and prosecute crimes. SID detectives also participate in multiple federal task forces that combat multi-jurisdictional criminal activity. The Special Investigations Division provides extensive training to local and state public safety officials on current issues and strategies in law enforcement. Special Investigations detectives assist other Sections within the state police including the Electronic Surveillance Unit, district detectives, and conducting physical surveillance during Title III investigations. Additionally, the SID administrative support personnel help the Division respond to the needs of the Department and all our criminal justice partners. How the ISP gets criminal investigations • Referral from a local prosecutor • Indiana State Board of Accounts • Complaint from private citizen • Other agencies, federal, state or local governmental entities Indiana State Board of Accounts • Internal Controls • Indiana Criminal Code 5-11-1-27 outlines the measures that must be adhered to by a public official • Control environment • Risk assessment • Control activities • Information and communication • Monitoring • United States Government Accountability Office (Green Book) Ghost Employment • IC 35-41.1-1-3 • A public servant who knowingly or intentionally: • Hires an employee for the governmental entity that the public servant serves and: • Fails to assign to the employee any duties, or assigns to the employee any duties not related to the operation of the governmental entity commits ghost employee • Level 6 felony, sanction 1 year imprisonment, $10,000 fine Theft • IC 35-43-4-2 • A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft. • Level 6 felony if the value is $750.00 less than $50,000.00 • Level 5 felony if the value is at least $50,000.00 • Level 5 sanction is 3 years imprisonment, $10,000 fine Official Misconduct • IC 35-44.1-1-1 • A public servant who knowingly or intentionally commits an offense in the performance of the public servant’s official duties; • Solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment; • Acquires or divests himself/herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant’s office that official action that has not been made pubic is contemplated or; • Fails to deliver public records and property in the public servant’s custody to the public servant’s successor in office when that successor qualifies • Level 6 felony Conflict of Interest • IC 35-44.1-1-4 • A public servant who knowingly or intentionally: • Has a pecuniary interest in or derives profit from a contract or purchase connected with an action by the governmental entity served by the public servant commits conflict of interest • A Level 6 felony • Disclosure form is filed with the clerk of the Circuit Court in the jurisdiction with venue Obstruction of Justice • IC 35-44.1-2-2 • A person who knowingly or intentionally induces by threat, coercion, false statement, or offer of goods, services or anything of value, a witness or informant in an official proceeding or criminal investigation to: • Withhold or unreasonably delay in producing any testimony, information, document or thing; • Avoid legal process summoning the person to testify or supply evidence; or • Absent the person from a proceeding or investigation to which the person has been legally summoned • Alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation • Makes , presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in an official proceeding or investigation to mislead a public servant • Level 6 felony Hatch Act of 1939 • The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. The law’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation. • Using his or her official title while participating in political activity • Using his or her authority to coerce any person to participate in political activity • Soliciting, accepting, or receiving uncompensated individual volunteer services from a subordinate for any political purpose • No Partisan Political Activity at Work* • An employee may NOT engage in partisan political activity while: • On duty (including when telecommuting or on official time) • Even if using a personal device or email account. • Even if sharing or forwarding content authored by others. • Even if sharing or forwarding to friends or like-minded coworkers. • Even union email if it meets the definition of partisan political activity • In a Government room or building (including break rooms, conference rooms, if inside a Federal building) or any room or building occupied in the discharge of official duties • Wearing a Government uniform, badge, or insignia • Using a Government-owned or -leased vehicle Hatch Act continued: • No Fundraising • While on duty or in an official capacity, an employee may NEVER solicit, accept, or receive partisan political contributions. • Examples include: • Asking for donations, e.g., by mail, email, or social media • Sharing or liking fundraising posts on social media from work computer or email address. Garrity Rule • Garrity vs. New Jersey United States Supreme Court case • A public employee has the right to be silent if any statements he/she is compelled to provide his/her employer could be used against him/her in a subsequent criminal proceeding. • Statements can be used or compelled if the purpose is administrative in nature (non-criminal). • Any statement made can be used against the employee in a civil proceeding. • Recommend a conversation with prosecuting attorney or designee, local sheriff and/or general counsel about protocol if issue arises. Criminal Case Examples • Central Indiana court clerk • 14 year employee • Lack of supervision and internal controls contributed to significant loss to the local government • Loss in excess of $350,000.00 • Other personnel were terminated due to failure to supervise • Several felony charges lodged against clerk Case examples continued • Central Indiana volunteer fire department • Employee appointed treasurer/quartermaster • Issued credit card and balances were paid by township trustee • Expenditures by employee were for vacations, utility bills, food, car rental and cash withdrawals • Criminal activity occurred for 3 years before detection • Significant lack of internal controls contributed to criminal activity • Excess of $350,000.00 in loss • Federal criminal charges lodged against suspect Case examples continued • Southern Indiana government agency • Employees were allegedly off duty from the government agency • Employees were working a second job while still on government time • Lack of supervision • Poor oversight of record keeping/time keeping system • Record keeping easily manipulated by employees • Poor internal controls • Criminal charges filed, employees terminated Conclusion • You are a public servant and serve at the pleasure of the citizens • Do not violate the public trust • Consider all property and monies your own because they are • Internal controls and protocols can save you tremendously if an issue arises • Perception is reality! If it looks inappropriate but it not illegal, DO NOT DO IT!!! QUESTIONS? • Jeffrey A. Coffey • Email: [email protected] • Don Howard • Email: [email protected].

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