Part X, Chapter 16. Fugitive Felon Match (Department of ...



Chapter 16. Fugitive Felon Match

1. Identification of Fugitive Felons

|Introduction |This topic contains information on the identification of fugitive felons, including |

| | |

| |the legal basis for the fugitive felon match |

| |the objectives of the fugitive felon match |

| |the definition of fugitive felon |

| |determining the start and end dates of fugitive felon status, and |

| |the responsibilities of the |

| |Office of Inspector General (OIG), and |

| |Veterans Benefits Administration (VBA). |

|Change Date |March 20, 2007 |

|a. Legal Basis for the |38 U.S.C. 5313B prohibits payment to |

|Fugitive Felon Match | |

| |Department of Veterans Affairs (VA) beneficiaries while they are fugitive felons, and |

| |dependents of a veteran beneficiary who is a fugitive felon. |

| | |

| |Notes: |

| |The prohibition of payment under 38 U.S.C. 5313B does not apply to Old Law Pension or Section 306 Pension |

| |beneficiaries. |

| |Dependent children of a fugitive surviving spouse may receive benefits in their own right. However, a primary |

| |beneficiary may not receive additional compensation or Dependents and Indemnity Compensation (DIC) or a higher |

| |maximum annual pension rate for a fugitive felon dependent. |

| | |

| |Reference: For more information on the prohibition of payment to fugitive felons, see |

| |38 CFR 3.665(f) (compensation and DIC) |

| |38 CFR 3.666(e) (pension), and |

| |VAOPCGPREC 7-2002. |

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1. Identification of Fugitive Felons, Continued

|b. Objectives of the |The objectives of the fugitive felon match are to |

|Fugitive Felon Match | |

| |assist law enforcement agencies (LEAs) in the apprehension of fugitives, and |

| |prevent payment of benefits to fugitive felons. |

|c. Definition: Fugitive |A fugitive felon is defined as a person who is |

|Felon | |

| |fleeing to avoid prosecution, custody or confinement for a felony, or |

| |considered a fugitive because he/she violated a condition of probation or parole imposed for commission of a |

| |felony. |

| | |

| |A beneficiary or dependent who is the subject of a valid outstanding felony arrest warrant is presumed to be a |

| |fugitive felon for VA purposes. |

| | |

| |Note: An arrest warrant is simply an order from a magistrate or other official authorized to issue such warrants |

| |directing that a named individual be arrested and brought before the issuing official. |

|d. Determining the Start|A person is considered to be in fugitive felon status from the later of the following dates: |

|Date of Fugitive Felon | |

|Status |the date of the warrant, or |

| |December 27, 2001, the date of the fugitive felon law. |

|e. Determining the |A person is considered to be out of fugitive felon status from the earlier of the following dates: |

|Ending Date of Fugitive | |

|Felon Status |the date of arrest for the particular warrant that is the subject of the referral from the Office of Inspector |

| |General (OIG), or |

| |the date the warrant is determined to be invalid by the warrant agency, a court, or OIG. |

| | |

| |Important: There may be multiple warrants on an individual fugitive. Do not resume benefits without determining |

| |that the warrant that has been cleared is the same as the warrant which was the object of the referral. |

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1. Identification of Fugitive Felons, Continued

|f. Responsibilities of |OIG is responsible for |

|OIG | |

| |entering into computer matching agreements with law enforcement authorities (LEAs) |

| |matching lists of fugitives from Federal and State LEAs with VA records to identify VA beneficiaries who may be |

| |fugitive felons |

| |investigating matched cases to determine whether the fugitive and the VA beneficiary are the same person |

| |referring information about the beneficiary such as his/her address and direct deposit number to the LEA (Note: |

| |The LEA is given 60 days to apprehend the beneficiary.) |

| |referring matched cases to the Veterans Benefits Administration (VBA) after the expiration of the 60 days delay |

| |period allowed for the LEA to apprehend the fugitive, and |

| |providing VBA with ongoing advice, assistance, and investigative resources to help resolve issues concerning the |

| |legal status of fugitive felons. |

|g. Responsibilities of |VBA is responsible for |

|VBA | |

| |controlling fugitive felon forms referred by OIG |

| |initiating due process procedures |

| |discontinuing benefits to beneficiaries and dependents during periods when the beneficiary or dependent is in |

| |fugitive felon status, and |

| |resuming benefits when adequate evidence is received that the warrant has been cleared. |

| | |

| |Note: Upon receipt of adequate evidence that the warrant has been cleared, VA usually resumes benefits on the |

| |date the warrant is cleared, and not retroactively to the date benefits were discontinued. Typically, an |

| |“invalid” warrant was valid until the date it was declared invalid. |

| | |

| |References: For more information on |

| |the effective dates of award adjustments, see |

| |M21-1MR, Part X, 16.2.d, and |

| |M21-1MR, Part X, 16.2.e, and |

| |evidence required to show that fugitive status has been cleared, see M21-1MR, Part X, 16.3.a. |

2. Fugitive Felon Award Adjustments

|Introduction |This topic contains information on fugitive felon award adjustments, including |

| | |

| |the forms OIG uses to refer cases to VBA |

| |the actions taken to process referral forms |

| |due process procedures |

| |the effective dates to discontinue or resume an award |

| |handling cases in which the warrant has been cleared |

| |determining whether 38 CFR 3.31 applies to the payment date |

| |the use of reason code 47 in the Benefits Delivery Network (BDN) |

| |the award action to take when discontinuing payments |

| |handling cases involving disability, severance, or readjustment pay recoupment, and |

| |adjusting awards involving entitlement to clothing allowance. |

|Change Date |September 3, 2009 |

|a. Forms OIG Uses to |In general, OIG uses a standardized form, FFP-3, VA Investigative Summary Form, for referring fugitive felon cases|

|Refer Cases to VBA |to VBA. However, on occasion, a case will be referred on FFP-2, Law Enforcement Certification Form, or similar |

| |forms. |

|b. Actions Taken to |The table below shows the actions OIG, Compensation and Pension (C&P) Service, and the regional office (RO) take |

|Process Referral Forms |to process fugitive felon referral forms. |

|Step |Action |

|1 |Periodically, OIG sends batches of FFP-3 forms involving beneficiaries in receipt of compensation|

| |or pension to C&P Service. |

| | |

| |Note: Unless all major identifying data match exactly, OIG agents independently verify that the |

| |VA beneficiary and the fugitive are one and the same before referring the FFP-3 forms to VBA. |

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2. Fugitive Felon Award Adjustments, Continued

|b. Actions Taken to Process Referral Forms (continued) |

|Step |Action |

|2 |C&P Service |

| | |

| |sorts the FFP-3 forms by office of jurisdiction, and |

| |sends them to the attention of the primary fugitive felon coordinator at the RO. |

| | |

| |Note: C&P Service will generally not refer an FFP-3 form to the RO if the warrant was cleared |

| |within 30 days of issuance. |

| | |

| |Reference: For more information, see M21-1MR, Part X, 16.4.a. |

|3 |Upon receipt of the FFP-3 forms, the RO initiates development or due process action with the |

| |beneficiary, as appropriate. |

| | |

| |Note: Development is not usually necessary before initiating due process procedures, because OIG|

| |will have verified that the warrant was still outstanding before referring the case to VBA In |

| |almost all cases the RO can initiate due process procedures upon receipt of the FFP-3 form. |

|c. Due Process |Do not take adverse action without first affording the beneficiary due process as required by 38 CFR 3.103. |

|Procedures |Advise the beneficiary at the time of the proposed award adjustment of the reason for the adjustment and furnish |

| |notice of procedural and appellate rights. |

| | |

| |Note: You may request an example of a notice of proposed adverse action for fugitive felon cases by sending an |

| |e-mail to the VAVBAWAS/CO/212A mailbox. |

| | |

| |References: For more information on |

| |due process procedures, see M21-1MR, Part I, 2, and |

| |how to handle a fugitive felon’s request for a hearing, see M21-1MR, Part X, 16.4.e. |

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2. Fugitive Felon Award Adjustments, Continued

|d. Effective Date to |Discontinue an award effective the date the beneficiary is in fugitive felon status, which is the later of the |

|Discontinue an Award |following dates: |

| | |

| |the date of the warrant, or |

| |December 27, 2001, the date of the fugitive felon law. |

|e. Effective Date to |Resume an award effective the date the beneficiary is out of fugitive felon status, which is the earlier of the |

|Resume an Award |following dates: |

| | |

| |the date of arrest for the particular warrant that is the subject of the referral from OIG, or |

| |the date the warrant is determined to be invalid by the warrant agency, a court, or OIG. |

|f. Handling Cases in |The fact that a warrant has been dismissed, recalled, quashed (that is, annulled or set aside), or otherwise |

|Which the Warrant Has |cleared does not mean that no action is required on the fugitive referral, unless it has been established that the|

|Been Cleared |warrant was cleared effective on or before the date the beneficiary went into fugitive status. |

| | |

| |In most cases in which a warrant is dismissed, recalled, or quashed, there was still a valid warrant up to the |

| |date the warrant was cleared. VA benefits are subject to adjustment from the warrant date (or date of the law) |

| |until the recall/dismissal/quash date. |

| | |

| |Exception: Do not adjust the award in cases in which |

| |the warrant is specifically determined to have been void from its inception because of mistaken identity or a |

| |defect in the warrant, or |

| |the court order |

| |states that the recall is effective from a specific date that is on or before the date of the warrant, or |

| |uses the terminology nunc pro tunc, which refers to changing back to an earlier date. |

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2. Fugitive Felon Award Adjustments, Continued

|g. Determining Whether |When a beneficiary is determined to be out of fugitive felon status, do not defer the resumption of payments until|

|38 CFR 3.31 Applies to |the first of the following month. This resumption is considered an adjustment under 38 CFR 3.31(c), an exception |

|the Payment Date |to the general provisions of 38 CFR 3.31. |

| | |

| |Example: If a beneficiary is determined to be out of fugitive felon status on October 14, 2006, resume payments |

| |as of October 14, not November 1. |

| | |

| |Exception: If a beneficiary fails to reopen a claim within one year after notification of discontinuance of |

| |benefits due to fugitive status |

| |resume benefits, if appropriate, from the date of claim, and |

| |delay payments until the first of the month after the effective date of the award per 38 CFR 3.31. |

| | |

| |Reference: For more information on the effective date to resume the award, see M21-1MR, Part X, 16.2.e. |

|h. Use of Reason Code 47|If you are working the case in the Benefits Delivery Network (BDN), use reason code 47 on award lines adjusting |

|in BDN |for a beneficiary’s fugitive status (in or out of fugitive status). |

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2. Fugitive Felon Award Adjustments, Continued

|i. Award Action to Take |Use the table below to determine the award action to take when discontinuing payments to fugitive felons. |

|When Discontinuing | |

|Payments |Note: The FFP-3 referral form will always show a warrant date, but it may or may not show an arrest or warrant |

| |invalid date. |

|If the FFP-3 form shows … |Then … |

|a warrant date only |put the award in a zero-rate status on an open-ended |

| |basis by stopping the award (making it a type “E” |

| |terminated master record.) |

|a warrant date, and |discontinue the award effective the date of the |

|an arrest or warrant invalid date |warrant (but not earlier than December 27, 2001), and |

| |resume payments effective the arrest or warrant |

| |invalid date. |

|j. Handling Cases |A beneficiary is not entitled to have the recoupment balance reduced while in fugitive status. Therefore, if the |

|Involving Disability, |benefits are being withheld to recoup a disability, severance, or readjustment pay balance, discontinue the award.|

|Severance, or | |

|Readjustment Pay | |

|Recoupments |Reference: For more information on discontinuing payments to fugitive felons, see M21-1MR, Part X, 16.2.d. |

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2. Fugitive Felon Award Adjustments, Continued

|k. Adjusting an Award |Use the table below when adjusting an award involving entitlement to clothing allowance. |

|Involving Entitlement to | |

|Clothing Allowance |Note: Under 38 U.S.C. 5313B, the annual clothing allowance amount must be reduced by 1/365th for each day the |

| |beneficiary is in fugitive status during the 12-month period preceding the August 1 determination of clothing |

| |allowance eligibility. |

|When … |Then … |

|reducing an award to the zero rate after a veteran |enter “YES” in the INCARCERATION IND field of the M15 |

|enters fugitive felon status |screen by using the CORR command. |

|resuming benefits after a veteran is out of fugitive |enter “NO” in the INCARCERATION IND field of the M15 |

|felon status |screen, and |

| |follow the procedures in M21-1MR, Part IX, Subpart i, |

| |7.3, to adjust the clothing allowance benefit. |

3. Fugitive Felon Status Issues

|Introduction |This topic contains information on fugitive felon status issues, including |

| | |

| |the evidence required to establish that a beneficiary is no longer in fugitive status |

| |verifying a beneficiary is no longer a fugitive |

| |when and how to contact the regional OIG fugitive felon coordinator |

| |following the recommendations of the OIG fugitive felon coordinator |

| |determining an incarcerated beneficiary’s fugitive status |

| |handling a beneficiary’s allegation of a misdemeanor warrant |

| |the action to take when a dependent is fugitive |

| |expunged records, and |

| |sealed records. |

|Change Date |February 5, 2008 |

|a. Evidence Required to |The beneficiary may establish that he/she is no longer in fugitive status by |

|Establish That a | |

|Beneficiary Is No Longer |submitting official documentation such as a court order or letter from the warrant agency, or |

|in Fugitive Status |providing the name, title and address or name, title, and telephone number of an official who can verify that |

| |he/she is no longer in fugitive status. |

| | |

| |VA will make reasonable efforts to contact the official to establish that the beneficiary is no longer in fugitive|

| |status, but ultimately it is the responsibility of the beneficiary to provide evidence that fugitive status has |

| |been cleared. |

| | |

| |Notes: |

| |Evidence that the beneficiary’s fugitive status has been cleared must originate with an official source at some |

| |level of government. |

| |Uncorroborated statements by the beneficiary, a family member, or a private attorney may not be used to establish |

| |that a beneficiary is no longer in fugitive status. |

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3. Fugitive Felon Status Issues, Continued

|b. Verifying a |Use the table below to verify a beneficiary is no longer a fugitive. |

|Beneficiary Is No Longer | |

|a Fugitive | |

|If … |Then … |

|the beneficiary does not furnish acceptable documentary|contact that official. |

|proof that he or she is out of fugitive status, but | |

|does furnish the name and address or telephone number | |

|of an official such as a parole officer who can verify | |

|that he/she is no longer in fugitive status | |

|the official confirms that the beneficiary is no longer|document this information on VA Form 119, Report of |

|in fugitive status |Contact. |

|you are unable to |advise the beneficiary of this fact, and |

| |remind him/her that payments cannot be resumed until VA|

|contact the official with the information provided by |receives proof that the beneficiary is no longer in |

|the beneficiary, or |fugitive status. |

|obtain a better address/telephone number from other | |

|sources | |

|you are able to contact the official, but the official |contact the regional OIG fugitive felon coordinator for|

|is unwilling to release the information |assistance. |

| | |

| |Reference: For more information on contacting the |

| |regional OIG felon coordinator, see M21-1MR, Part X, |

| |16.3.c. |

|Note: If a beneficiary presents to law enforcement authorities (LEAs) in a jurisdiction other than that which |

|issued the warrant, it is the responsibility of the beneficiary to make arrangements to get the warrant cleared in|

|the event that the warrant agency will not extradite, and the local agency does not arrest the beneficiary on the |

|warrant. The individual is considered to be in fugitive status until the warrant is cleared by arrest or |

|otherwise. |

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3. Fugitive Felon Status Issues, Continued

|c. When to Contact the |It is appropriate to contact the OIG fugitive felon coordinator for advice when |

|OIG Fugitive Felon | |

|Coordinator |you are having difficulty getting information from an LEA or making sense of information from an LEA, or |

| |a beneficiary admits that there was a valid felony warrant, but |

| |denies ever having received notice of the warrant, or |

| |alleges that there are other extenuating circumstances why the warrant was not cleared. |

|d. How to Contact the |To request assistance from the OIG fugitive felon coordinator |

|OIG Fugitive Felon | |

|Coordinator |e-mail the VAVBAWAS/CO/212A mailbox |

| |requesting the name of the applicable regional OIG fugitive felon coordinator, and |

| |specifying the jurisdiction where the warrant was issued, and then |

| |contact the OIG fugitive felon coordinator (by e-mail) with a concise summary of the known facts and the issue to |

| |be resolved. |

|e. Following the |Follow the recommendations of the OIG fugitive felon coordinator as to whether to discontinue benefits. It is the|

|Recommendations of OIG |policy of OIG and VBA to resolve reasonable doubt in favor of the beneficiary. |

|Fugitive Felon | |

|Coordinator |The OIG fugitive felon coordinator will generally recommend that benefits payments not be discontinued if the |

| |evidence establishes that the beneficiary was unaware of the warrant or made good faith attempts to clear the |

| |warrant as soon as he/she knew or should have known of the existence of the warrant. |

| | |

| |A decision not to take action on a valid felony warrant may be made only if a documented recommendation from OIG |

| |is of record, or if C&P Service advises by e-mail that no action is required. |

| | |

| |Notes: |

| |A recommendation from OIG is not required if evidence from a court or an LEA establishes that there was no valid |

| |felony warrant. |

| |An OIG recommendation is required only if the warrant was valid, but award action is not being taken because of |

| |extenuating circumstances. |

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3. Fugitive Felon Status Issues, Continued

|f. Determining an |Do not assume that a warrant is cleared when a beneficiary is incarcerated unless the beneficiary is incarcerated |

|Incarcerated |by the agency that issued the warrant. (Example: The evidence shows that the beneficiary is incarcerated by the |

|Beneficiary’s Fugitive |Michigan Department of Corrections, and the warrant was issued by the Michigan Department of Corrections.) |

|Status | |

| |A fugitive felon is often incarcerated for reasons unrelated to the warrant that was the subject of the fugitive |

| |felon referral. In this situation, the warrant agency may file notice of the warrant at the prison facility. |

| |This is referred to as “lodging” the warrant. |

| | |

| |If there is documented evidence that a warrant was lodged at a prison facility, you may consider the warrant |

| |cleared and the beneficiary removed from fugitive status as of the date the warrant agency lodged the warrant at |

| |the prison facility. |

| | |

| |Note: Although VA considers that a warrant is cleared when it is lodged at the prison, the warrant is technically|

| |still valid until the warrant agency picks up the beneficiary from the prison and returns the beneficiary to the |

| |jurisdiction that issued the warrant. |

| | |

| |Reference: For more information on award adjustments resulting from a beneficiary’s imprisonment, see M21-1MR, |

| |Part III, Subpart v, 8.A. |

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3. Fugitive Felon Status Issues, Continued

|g. Handling a |VA benefits may be discontinued because of fugitive felon status only if there is a valid felony warrant. If the |

|Beneficiary’s Allegation |beneficiary alleges that the warrant was for a misdemeanor, develop to determine whether there was a valid felony |

|of a Misdemeanor Warrant |warrant. When developing the case, keep in mind that |

| | |

| |it is essential to distinguish between the warrant and the resolution of the criminal case in a situation where a |

| |beneficiary has been convicted of an offense |

| |the fact that the beneficiary was not convicted of a felony is not relevant to resolution of the fugitive felon |

| |issue, and |

| |the fact that an individual was charged with a felony but later pleads down to a misdemeanor does not change the |

| |fact that the warrant was a felony warrant. |

| | |

| |Note: Some cases referred to an RO involve beneficiaries who were originally convicted of misdemeanors, but who |

| |violated probation or parole, which resulted in issuance of a felony warrant. It is the warrant agency’s |

| |characterization of the warrant as a felony warrant that is controlling. |

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3. Fugitive Felon Status Issues, Continued

|h. Action to Take When a|Use the table below to determine the action to take if the person identified on the fugitive felon referral form |

|Dependent is Fugitive |is a dependent of a primary beneficiary. |

| | |

| |Note: If the fugitive is the only dependent on the award, consider the primary beneficiary to be without a |

| |dependent during the period the dependent is in fugitive status. |

|If the dependent … |Then … |

|is not an apportionee |remove the dependent from the award effective the date of the warrant (but |

| |not earlier than December 27, 2001), and |

| |restore the dependent to the award effective the date the warrant is |

| |cleared. |

|is an apportionee |discontinue the apportionee’s award effective the date of the warrant (but |

| |not earlier than December 27, 2001), but |

| |do not do not restore withheld benefits to the primary beneficiary until |

| |the earlier of the following dates: |

| |the date the apportionee is out of fugitive status, or |

| |one year from the date of notification to the apportionee that benefits |

| |were discontinued. |

|i. Expunged Records |In some instances the record of a criminal case may be expunged. This is normally done for first-time offenders |

| |to keep their records clean. Expunging a record is done after the fact and normally does not affect the |

| |underlying validity of a warrant. |

| | |

| |Note: If the record was expunged at the request of the beneficiary, the beneficiary is responsible for requesting|

| |that the record be opened to establish that he/she is out of fugitive status. |

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3. Fugitive Felon Status Issues, Continued

|j. Sealed Records |In some instances, a jurisdiction may seal the record of a criminal case. Sealing the record does not necessarily|

| |affect the determination as to whether a fugitive felon award adjustment is required. Again, the issue is whether|

| |there was a valid felony warrant for some period of time on or after the date of the fugitive felon law (December |

| |27, 2001). |

| | |

| |Notes: |

| |Request assistance from the OIG fugitive felon coordinator if a sealed record is encountered. For more |

| |information on contacting the OIG fugitive felon coordinator, see M21-1MR, Part X, 16.3.c. |

| |If the record was sealed at the request of the beneficiary, the beneficiary is responsible for requesting that the|

| |record be unsealed to establish that he/she is out of fugitive status. |

4. Fugitive Felons – Additional Information

|Introduction |This topic contains additional information on fugitive felon cases, including |

| | |

| |regional office (RO) jurisdiction over fugitive felon cases |

| |Pension Management Center (PMC) jurisdiction over fugitive felon cases |

| |RO fugitive felon coordinators |

| |fugitive felons identified from other sources |

| |hearing requests from fugitive felons |

| |waiver or compromise of overpayments |

| |end products (EPs) |

| |reporting requirements, and |

| |where to send questions. |

|Change Date |September 3, 2009 |

|a. RO Jurisdiction Over |The regional office (RO) with jurisdiction of the claims folder shown in the corporate record is responsible for |

|Fugitive Felon Cases |working the fugitive felon case. If the folder is located in the Records Management Center (Fldr Loc 376), the RO|

| |of jurisdiction in the BDN/Share M11 screen is responsible for working the fugitive felon case. |

| | |

| |If you receive a referral on a case over which you do not have jurisdiction, send the referral document to the |

| |office of jurisdiction as active mail. |

| | |

| |Do not transfer a folder to another regional office unless there is a valid reason for transfer. It is not proper|

| |to permanently transfer a folder simply because a beneficiary living within the U.S. resides in the jurisdiction |

| |of another station. |

| | |

| |Note: If you feel that a fugitive felon case has been improperly transferred to your RO, advise C&P Service by |

| |sending an e-mail to the VAVBAWAS/CO/212A mailbox. |

| | |

| |Reference: For more information on jurisdiction and transfer of claims files, see M21-1MR, Part III, Subpart ii, |

| |5. |

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4. Fugitive Felons – Additional Information, Continued

|b. PMC Jurisdiction Over|Claims folders on fugitives entitled to pension may be permanently transferred to the Pension Management Center |

|Fugitive Felon Cases |(PMC) of jurisdiction unless a veteran is also entitled to compensation but is receiving pension as the greater |

| |benefit. |

| | |

| |When permanently transferring a fugitive felon case to a PMC, attach the fugitive felon worksheet as active mail. |

| |Do not send the FFP-3 form to the PMC without the claims folder. |

|c. RO Fugitive Felon |Each RO is required to designate a primary and two alternate fugitive felon coordinators. The fugitive felon |

|Coordinators |coordinator is the point of contact with VA Central Office (VACO) on fugitive issues. |

| | |

| |New fugitive felon referral forms will be sent to the attention of the primary fugitive felon coordinator and |

| |questions concerning fugitive issues will be addressed to the primary fugitive felon coordinator. |

| | |

| |Note: An RO may update its primary and alternate fugitive felon coordinator designations by sending an e-mail to |

| |the VAVBAWAS/CO/212A mailbox. |

|d. Fugitive Felons |Do not initiate due process on a fugitive felon case without a referral from OIG on an FFP-3 form or similar |

|Identified From Other |document. If you identify a possible fugitive felon from other sources, send an e-mail with identifying |

|Sources |information and other available details to the VAVBAWAS/CO/212A mailbox. |

| | |

| |C&P Service will refer the information to OIG to determine whether or not to issue an FFP-3 or other referral |

| |document. |

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4. Fugitive Felons – Additional Information, Continued

|e. Hearing Requests From|If a fugitive felon requests a hearing |

|Fugitive Felons | |

| |schedule the hearing under normal procedures, and |

| |send an e-mail to the VAVBAWAS/CO/212A mailbox that includes |

| |information identifying the fugitive felon |

| |the date and location of the hearing, and |

| |the name of a point of contact at the RO. |

| | |

| |C&P Service will send this information to OIG to coordinate with the LEA. |

| | |

| |Note: If law enforcement authorities plan to attempt to apprehend the fugitive, you will be notified. Otherwise,|

| |proceed with the hearing as usual. |

|f. Waiver or Compromise |Overpayments created under the fugitive felon program are subject to waiver or compromise. The special procedures|

|of Overpayments |that apply to fugitive felon cases are contained in OF Bulletin 05GC1.01, Further Instructions on the Impact of |

| |the Fugitive Felon Act on Committees on Waivers and Compromises. |

| | |

| |Important: Paragraph 3d of OF Bulletin 05GC1.01 states that “a fugitive felon who either knowingly flees to avoid|

| |prosecution, custody, or confinement or knowingly violates a condition of probation or parole would most likely be|

| |unable to present any information or evidence that would mitigate his or her degree of fault. In such situations,|

| |Committee members should deny waiver.” |

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4. Fugitive Felons – Additional Information, Continued

|g. End Products |Establish end product (EP) 290 upon receipt of the OIG referral. The date of claim is the date of the |

| |accompanying transmittal document. If a fugitive felon referral is sent by fax, use the date of the fax as date |

| |of claim. |

| | |

| |Take EP 290 and establish EP 600 at the point at which any development is completed and the notice of proposed |

| |adverse action is dispatched. For most fugitive felon cases, no development will be required before the |

| |initiation of due process. In such cases, take EP 290 and establish EP 600 upon receipt of the OIG fugitive felon|

| |referral. Process the award under EP 600. |

| | |

| |A new EP 290 is established when |

| | |

| |an award has been placed in zero-rate status, and |

| |the beneficiary subsequently contacts the RO alleging that he/she is no longer in fugitive status. |

| | |

| |Important: While a beneficiary is in fugitive felon status |

| |cancel the pending issue, discontinue development, and disallow any claims for increase received, but |

| |continue processing pending appeals. |

|h. Reporting |No recurring report is required on fugitive felon cases. However, ROs must respond to requests from VACO for |

|Requirements |information about specific fugitive felon cases. |

| | |

| |If the fugitive felon referral form included an FFP-4, VA Feedback Form, complete the FFP-4 and send it by regular|

| |mail to VACO. Send an e-mail to the VAVBAWAS/CO/212A mailbox to get the current address for mailing completed |

| |FFP-4 forms. The FFP-3 form should remain in the claims file. |

|i. Where to Send |Send questions about fugitive felon issues to the VAVBAWAS/CO/212A mailbox. |

|Questions | |

| |Reference: For information on when to address questions directly to the regional OIG fugitive felon coordinator, |

| |see M21-1MR, Part X, 16.3.c. |

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