13.5.1  Referral to Prosecution

13.5.1.1  Referral Criteria
13.5.1.2  Prosecution Alternatives

As a part of the W-2Wisconsin Works agency’s fraud standard operating procedures, the W-2 agency must establish internal policies and procedures for identifying fraud cases for referral to prosecution. W-2 agencies are encouraged to develop referral criteria with their local District Attorney’s office to make a satisfactory referral to prosecution.

13.5.1.1 Referral Criteria

W-2Wisconsin Works agencies must determine if a case should be referred for prosecution based on whether:

1.             The completed investigation report supports the allegation of fraud and provides evidence of intent;

2.             The investigation was completed in a timely manner;

3.             The case meets the local agency’s policy and cost effective criteria;

4.             The case meets the local District Attorney’s prosecution criteria; and

5.             The agency designee recommends prosecution.

13.5.1.2 Prosecution Alternatives

There are several alternatives that allow individuals to avoid criminal prosecution in court by agreeing to certain terms at various points of the legal process:

·        Pre-Charge Diversion Agreement;

·        Pre-Trial Agreement;

·        Deferred Prosecution Agreement; and

·        Disqualification Consent Agreement.

History: There are no previous versions of this policy.