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Minnesota Legislature

Office of the Revisor of 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.
History: 2005 c 136 art 11 s 5