2001 Minnesota Statutes

     299A.68 Financial crimes investigation task force. 

    Subdivision 1.    Investigation task force established.  
 A group of two or more local governmental units may enter into 
 an agreement to establish a major financial crimes investigation 
 task force. 

    Subd. 2.    Investigation task force's duties.  The 
 investigation task force shall investigate consumer identity 
 theft cases and reported financial crimes from individuals and 
 businesses who are victims of such crimes.  The investigation 
 task force shall focus on financial crimes including, but not 
 limited to, statewide crimes such as:  theft, fraud, and forgery 
 crimes, including identity theft, check forgery, fraud in 
 obtaining credit, financial transaction card fraud, theft from 
 merchants, possession or sale of stolen or counterfeit checks, 
 issuance of dishonored checks, creation or use of counterfeit 
 state identification, obtaining counterfeit state 
 identification, fraudulent Internet transactions, fraudulent 
 merchandise returns, and other related financial crimes.  In 
 particular, the investigation task force shall investigate 
 individuals, based on their criminal activity, who: 

    (1) commit multiple, cross-jurisdictional, financial 
 crimes; 

    (2) employ computers and other sophisticated technology to 
 counterfeit documents or commit fraud; or 

    (3) illegally obtain consumer information for identity 
 theft. 

    Subd. 3.    Role of participating local governmental 
 units.  The local governmental units that agree to form and 
 participate in a single, centralized, financial crimes 
 investigation task force shall oversee the investigation task 
 force's operation by establishing procedures and guidelines in 
 their agreement.  The agreement must be addressed in a 
 memorandum of understanding and signed by the person in charge 
 of each participating local unit of government.  The memorandum 
 of understanding shall address the following: 

    (1) the command structure of the investigation task force; 

    (2) acquisition and liquidation of equipment, office space, 
 and transportation; 

    (3) procedures for contracting for necessary administrative 
 support; 

    (4) selection and assignment of members; 

    (5) transfer of investigation task force members; 

    (6) resolution of disputes between participating local 
 governmental units; 

    (7) requirements and procedures for all workers' 
 compensation and other liability to remain the responsibility of 
 each member's employing agency; and 

    (8) all other issues deemed pertinent by the participating 
 local governmental units. 

    Subd. 4.    Commander.  The participating local 
 governmental units shall select a commander to direct the 
 investigation task force.  The commander shall make tactical 
 decisions regarding the commencement, continuation, and 
 conclusion of investigations of crimes within the investigation 
 task force's jurisdiction.  The commander shall also report 
 annually to the bureau of criminal apprehension as required in 
 subdivision 10. 

    Subd. 5.    Members; employment status.  The 
 investigation task force may include law enforcement officers, 
 prosecutors, federal law enforcement officers, and investigators 
 from local governmental units who are selected by their 
 supervisors to participate in the investigation task force.  All 
 law enforcement officers selected to join the investigation task 
 force must be licensed peace officers under section 626.84, 
 subdivision 1, or qualified federal law enforcement officers as 
 defined in section 626.8453.  Members shall remain employees of 
 the same entity that employed them before joining the 
 investigation task force.  Compensation, personnel evaluations, 
 grievances, merit increases, and liability insurance coverage, 
 such as general, personal, vehicle, and professional liability 
 insurance, shall be covered by each member's employing agency.  
 Members of the financial crimes task force are not employees of 
 the state. 

    Subd. 6.    Jurisdiction and powers.  Law enforcement 
 officers who are members of the investigation task force shall 
 have statewide jurisdiction to conduct criminal investigations 
 into financial crimes as described in subdivision 2 and possess 
 the same powers of arrest as those possessed by a sheriff. 

    Officers assigned to the financial crimes task force shall 
 follow their county arrest procedures, booking processes, 
 reporting processes, county attorney charging requirements, and 
 appropriate notification protocols to local and county sheriff 
 agencies where arrests are made and search warrants executed.  
 The commander of the task force is responsible for ensuring 
 compliance with applicable local practices and procedures. 

    Subd. 7.    Collaboration with other prosecutorial and law 
 enforcement offices.  To the greatest degree possible, the 
 investigation task force shall cooperate and collaborate with 
 existing prosecutorial offices and law enforcement agencies. 

    Subd. 8.    Prosecutor.  A participating local 
 governmental unit may seek a grant for reimbursement for the 
 time and resources that a prosecutor and the prosecutor's staff 
 dedicate to the investigation task force.  In order to receive a 
 grant under this subdivision, a participating local governmental 
 unit must provide a 25 percent match in nonstate funds or 
 in-kind contributions either directly from its budget or from 
 businesses directly donating support.  A participating 
 prosecutor shall remain an employee of the contributing county. 

    Subd. 9.    Forfeiture.  Property seized by the 
 investigation task force is subject to forfeiture pursuant to 
 sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
 cannot be established.  The investigation task force shall 
 receive the proceeds from the sale of all property that it 
 properly seizes and that is forfeited. 

    Subd. 10.    Required reports.  (a) Beginning June 30, 
 2002, the commander of the investigation task force shall report 
 annually to the commissioner on the activities of the 
 investigation task force and the use of grants awarded under 
 Laws 2001, First Special Session chapter 8, article 4, section 
 10, subdivision 7. 

    (b) By March 1, 2003, the commissioner of public safety 
 shall report to the chairs and ranking minority members of the 
 house of representatives and senate committees and divisions 
 having jurisdiction over criminal justice policy and funding on 
 the activities of the investigation task force and the use of 
 grants awarded under Laws 2001, First Special Session chapter 8, 
 article 4, section 10, subdivision 7. 

    Subd. 11.    Expiration.  This section expires on June 
 30, 2003. 

    HIST: 1Sp2001 c 8 art 5 s 5