AGENCY: Department of Workforce Services. Unemployment Insurance Division

SERIES: 84113
TITLE: Prosecution files
DATES: 1980-
ARRANGEMENT: numeric by social security number

DESCRIPTION: This record documents the investigation and prosecution of fraudulent violations of Section 35A-4-104 of the Employment Security Act. The decision to prosecute is determined by the amount of money received fraudulently and/or the presence of a significant identifiable scheme, e.g. use of a false Social Security number or a dummy claimant. It contains 613, Employer Reports; a copy of the claimant's benefit transcript showing a record of the unemployment compensation payments made to him; the Initial, Additional or Reopened Claim for Benefits; Warrants; the decision of the adjudicator; and/or any other forms or correspondence pertaining to an individual's claim as deemed necessary for the case. In addition, the record contains transmittal documents, information documents, and copies of both the summons and court record pertaining to the prosecution. If fraud is determined by the adjudicator and meets required monetary criteria, the case is turned over for prosecution to either the local authority (if within the 4-year statute of limitations) or to the U.S. Attorney (5-year statute of limitations and allowable because of federal dollars in the unemployment compensation program.) When probation has been completed, the record will be imaged.

RETENTION

Retain for 8 year(s)

DISPOSITION

Destroy.

RETENTION AND DISPOSITION AUTHORIZATION

Retention and disposition for this series were specifically approved by the State Records Committee.

APPROVED: 10/2001

FORMAT MANAGEMENT

Paper: Retain in Office until scanned or until probation has been completed and then destroy.

Computer data files: Retain in Office for 8 years and then delete.

APPRAISAL

Administrative Fiscal Legal

PRIMARY DESIGNATION

Public. Except those portions not used in evidence of criminal prosecution

SECONDARY DESIGNATION

Private. Except for the portion of information used in the criminal prosecution which is public.

Controlled. Criminal history record both before and as a result of prosecution for Unemployment Insurance fraud.