The Minnesota Financial Crimes Oversight Council shall provide guidance related to the investigation and prosecution of identity theft and financial crime.
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;
(13) two additional members selected by the oversight council;
(14) a senator who serves on the committee having jurisdiction over criminal justice policy, chosen by the Subcommittee on Committees of the senate Committee on Rules and Administration; and
(15) a representative who serves on the committee having jurisdiction over criminal justice policy, chosen by the speaker of the house.
The oversight council may adopt procedures to govern its conduct and shall select a chair from among its members. The legislative members of the council may not vote on matters before the council.
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.
(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.
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.
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.
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.
(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.
Notwithstanding section 15.059, this section does not expire.
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.
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.
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.
By February 1 of each year, the oversight council shall report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding on the activities of the council and task force. At a minimum, this annual report must include:
(1) a description of the council's and task force's goals for the previous year and for the coming year;
(2) a description of the outcomes the council and task force achieved or did not achieve during the preceding year and a description of the outcomes they will seek to achieve during the coming year;
(3) any legislative recommendations the council or task force has including, where necessary, a description of the specific legislation needed to implement the recommendations;
(4) a detailed accounting of how appropriated money, grants, and in-kind contributions were spent; and
(5) a detailed accounting of the grants awarded under this section.
Official Publication of the State of Minnesota
Revisor of Statutes