2005 Minnesota Statutes

     299A.681 Financial Crimes Oversight Council and Task 
  Force. 

    Subdivision 1.    Oversight council.  The Minnesota 
 Financial Crimes Oversight Council shall provide guidance 
 related to the investigation and prosecution of identity theft 
 and financial crime.  

    Subd. 2.    Membership.  The oversight council consists 
 of the following individuals, or their designees: 

    (1) the commissioner of public safety; 

    (2) the attorney general; 

    (3) two chiefs of police, selected by the Minnesota Chiefs 
 of Police Association from police departments that participate 
 in the Minnesota Financial Crimes Task Force; 

    (4) two sheriffs, selected by the Minnesota Sheriffs 
 Association from sheriff departments that participate in the 
 task force; 

    (5) the United States attorney for the district of 
 Minnesota; 

    (6) a county attorney, selected by the Minnesota County 
 Attorneys Association; 

    (7) a representative from the United States Postal 
 Inspector's Office, selected by the oversight council; 

    (8) a representative from a not-for-profit retail merchants 
 industry, selected by the oversight council; 

    (9) a representative from a not-for-profit banking and 
 credit union industry, selected by the oversight council; 

    (10) a representative from a not-for-profit association 
 representing senior citizens, selected by the oversight council; 

    (11) the statewide commander of the task force; 

    (12) a representative from the Board of Public Defense, 
 selected by the board; and 

    (13) two additional members selected by the oversight 
 council. 

 The oversight council may adopt procedures to govern its conduct 
 and shall select a chair from among its members. 

    Subd. 3.    Duties.  The oversight council shall develop 
 an overall strategy to ameliorate the harm caused to the public 
 by identity theft and financial crime within Minnesota.  The 
 strategy may include the development of protocols and procedures 
 to investigate financial crimes and a structure for best 
 addressing these issues in a multijurisdictional manner.  
 Additionally, the oversight council shall: 

    (1) establish a multijurisdictional statewide Minnesota 
 Financial Crimes Task Force to investigate major financial 
 crimes; 

    (2) select a statewide commander of the task force who 
 serves at the pleasure of the oversight council; 

    (3) assist the Department of Public Safety in developing an 
 objective grant review application process that is free from 
 conflicts of interest; 

    (4) make funding recommendations to the commissioner of 
 public safety on grants to support efforts to combat identity 
 theft and financial crime; 

    (5) assist law enforcement agencies and victims in 
 developing a process to collect and share information to improve 
 the investigation and prosecution of identity theft and 
 financial crime; 

    (6) develop and approve an operational budget for the 
 office of the statewide commander and the oversight council; and 

    (7) enter into any contracts necessary to establish and 
 maintain a relationship with retailers, financial institutions, 
 and other businesses to deal effectively with identity theft and 
 financial crime. 

 The task force described in clause (1) may consist of members 
 from local law enforcement agencies, federal law enforcement 
 agencies, state and federal prosecutors' offices, the Board of 
 Public Defense, and representatives from elderly victims, 
 retail, financial institutions, and not-for-profit organizations.

    Subd. 4.    Statewide commander.  (a) The Minnesota 
 Financial Crimes Task Force commander under Minnesota Statutes 
 2004, section 299A.68, shall oversee the transition of that task 
 force into the task force described in subdivision 3 and remain 
 in place as its commander until July 1, 2008.  On that date, the 
 commissioner of public safety shall appoint as statewide 
 commander the individual selected by the oversight council under 
 subdivision 3. 

    (b) The commander shall: 

    (1) coordinate and monitor all multijurisdictional identity 
 theft and financial crime enforcement activities; 

    (2) facilitate local efforts and ensure statewide 
 coordination with efforts to combat identity theft and financial 
 crime; 

    (3) facilitate training for law enforcement and other 
 personnel; 

    (4) monitor compliance with investigative protocols; 

    (5) implement an outcome evaluation and data quality 
 control process; 

    (6) be responsible for the selection and for cause removal 
 of assigned task force investigators who are designated 
 participants under a memorandum of understanding or who receive 
 grant funding; 

    (7) provide supervision of assigned task force 
 investigators; 

    (8) submit a task force operational budget to the oversight 
 council for approval; and 

    (9) submit quarterly task force activity reports to the 
 oversight council. 

    Subd. 5.    Participating officers; employment status.  
 All law enforcement officers selected to participate in the task 
 force must be licensed peace officers as defined in section 
 626.84, subdivision 1, or qualified federal law enforcement 
 officers as defined in section 626.8453.  Participating officers 
 remain employees of the same entity that employed them before 
 joining any multijurisdictional entity established under this 
 section.  Participating officers are not employees of the state. 

    Subd. 6.    Jurisdiction and powers.  Law enforcement 
 officers participating in any multijurisdictional entity 
 established under this section have statewide jurisdiction to 
 conduct criminal investigations and have the same powers of 
 arrest as those possessed by a sheriff.  The task force shall 
 retain from its predecessor the assigned originating reporting 
 number for case reporting purposes. 

    Subd. 7.    Grants authorized.  The commissioner of 
 public safety, upon recommendation of the oversight council, 
 shall make grants to state and local units of government to 
 combat identity theft and financial crime.  The commander, as 
 funding permits, may prepare a budget to establish four regional 
 districts and funding grant allocations programs outside the 
 counties of Hennepin, Ramsey, Anoka, Washington, and Dakota.  
 The budget must be reviewed and approved by the oversight 
 council and recommended to the commissioner to support these 
 efforts. 

    Subd. 8.    Victims assistance program.  (a) The 
 oversight council may establish a victims' assistance program to 
 assist victims of economic crimes and provide prevention and 
 awareness programs.  The oversight council may retain the 
 services of not-for-profit organizations to assist in the 
 development and delivery systems in aiding victims of financial 
 crime.  The program may not provide any financial assistance to 
 victims, but may assist victims in obtaining police assistance 
 and advise victims in how to protect personal accounts and 
 identities.  Services may include a victim toll-free telephone 
 number, fax number, Web site, Monday through Friday telephone 
 service, e-mail response, and interfaces to other helpful Web 
 sites.  Victims' information compiled are governed under chapter 
 13. 

    (b) The oversight council may post or communicate through 
 public service announcements in newspapers, radio, television, 
 cable access, billboards, Internet, Web sites, and other normal 
 advertising channels, a financial reward of up to $2,000 for 
 tips leading to the apprehension and successful prosecution of 
 individuals committing economic crime.  All rewards must meet 
 the oversight council's standards.  The release of funds must be 
 made to an individual whose information leads to the 
 apprehension and prosecution of offenders committing economic or 
 financial crimes against citizens or businesses in Minnesota.  
 All rewards paid to an individual must be reported to the 
 Department of Revenue along with the individual's Social 
 Security number. 

    Subd. 9.    Oversight council and task force are 
 permanent.  Notwithstanding section 15.059, this section does 
 not expire. 

    Subd. 10.    Funding.  The oversight council may accept 
 lawful grants and in-kind contributions from any federal, state, 
 or local source or legal business or individual not funded by 
 this section for general operation support, including personnel 
 costs.  These grants or in-kind contributions are not to be 
 directed toward the case of a particular victim or business.  
 The oversight council's fiscal agent shall handle all funds 
 approved by the oversight council, including in-kind 
 contributions. 

    Subd. 11.    Forfeiture.  Property seized by the task 
 force is subject to forfeiture pursuant to sections 609.531, 
 609.5312, 609.5313, and 609.5315 if ownership cannot be 
 established.  The council shall receive the proceeds from the 
 sale of all property properly seized and forfeited. 

    Subd. 12.    Transfer equipment from current task force. 
  All equipment possessed by the task force described in 
 Minnesota Statutes 2004, section 299A.68, is transferred to the 
 oversight council for use by the task force described in this 
 section. 

    HIST: 2005 c 136 art 11 s 5