M21-1MR, Part X, Chapter 16

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
/ November 22, 2011
a. Legal Basis for the Fugitive Felon Match
/ 38 U.S.C. 5313Bprohibits payment to
  • 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 Fugitive Felon Match
/ The objectives of the fugitive felon match are to
  • assist law enforcement agencies (LEAs) in the apprehension of fugitives, and
  • prevent payment of benefits to fugitive felons.

c. Definition: Fugitive Felon
/ A fugitive felon is defined as a person who is
  • 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 Date of Fugitive Felon Status
/ A person is considered to be in fugitive felon status from the later of the following dates:
  • the date of the warrant, or
  • December 27, 2001, the date of the fugitive felon law.
Note: If the warrant was cleared within 30 days of issuance, it is not necessary to terminate VA benefits.
e. Determining the Ending Date of Fugitive Felon Status
/ A person is considered to be out of fugitive felon status from the earlier of the following dates:
  • 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
/ OIG is responsible for
  • 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
/ VBA is responsible for
  • 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
/ November 22, 2011
a. Forms OIG Uses to Refer Cases to VBA
/ In general, OIG uses a standardized form, FFP-3, VA Investigative Summary Form, for referring fugitive felon cases to VBA. However, on occasion, a case will be referred on FFP-2, Law Enforcement Certification Form, or similar forms.
b. Actions Taken to Process Referral Forms
/ The table below shows the actions OIG, Compensation and Pension (C&P) Service, and the regional office (RO) take 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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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.
Notes:
  • The warrant date appears near the top of the FFP-3 form under the heading “WARRANT INFORMATION.” If OIG has determined the warrant has been cleared, the date the warrant was cleared will appear as the “Arrest Date” or “Warrant Invalid Date” under the heading “INVESTIGATIVE SUMMARY.”
  • 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.

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c. Due Process Procedures
/ Do not take adverse action without first affording the beneficiary due process as required by 38 CFR 3.103. 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.
If there is an arrest date or warrant invalid date on the FFP-3 form, the due process letter will propose to stop the award from the beginning date of fugitive felon status until the arrest date or warrant invalid date. Otherwise, the due process letter will propose to stop the award effective the beginning date of fugitive felon status.
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
  • handling cases in which the warrant has been cleared, see M21-1MR, Part X, 16.2.f
  • the award action to take when discontinuing benefits, see M21-1MR, Part X, 16.2.i, and
  • how to handle a fugitive felon’s request for a hearing, see M21-1MR, Part X, 16.4.e .

d. Effective Date to Discontinue an Award
/ Discontinue an award effective the date the beneficiary is in fugitive felon status, which is the later of the 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
/ Resume an award effective the date the beneficiary is out of fugitive felon status, which is the earlier of the 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.
Reference: For information on resuming an award when the beneficiary fails to reopen a claim within one year after notification of discontinuance of benefits due to fugitive status, see the exception in M21-1MR, Part X, 16.2.g.

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f. Handling Cases in Which the Warrant Has Been Cleared
/ The fact that a warrant has been dismissed, recalled, quashed (that is, annulled or set aside), or otherwise cleared doesnot mean that no action is required on the fugitive referral, unless it has been established that the 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 fromthe 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 was cleared within 30 days of issuance
  • the warrant is specifically determined to have been void from its inception because of mistaken identity or a defect in the warrant, or
  • thecourt order
states that the recall is effective from a specificdate that ison or before the date of the warrant, or
uses the terminology nunc pro tunc, which refers to changing back to an earlier date.

g. Determining Whether 38 CFR 3.31 Applies to the Payment Date

/ When a beneficiary is determined to be out of fugitive felon status, do not defer the resumption of payments until the first of the following month. This resumption is considered an adjustment under 38 CFR 3.31(c), an exception 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 in BDN

/ If you are working the case in the Benefits Delivery Network (BDN), use reason code 47 on award lines adjusting for a beneficiary’s fugitive status (in or out of fugitive status).

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i. Award Action to Take When Discontinuing Payments

/ Use the table below to determine the award action to take when discontinuing payments to fugitive felons.
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
  • an arrest or warrant invalid date
/
  • discontinue the award effective the date of the warrant (but not earlier than December 27, 2001), and
  • resume payments effective the arrest or warrant invalid date.

j. Handling Cases Involving Disability, Severance, or Readjustment Pay Recoupments

/ A beneficiary is not entitled to have the recoupment balance reduced while in fugitive status. Therefore, if the benefits are being withheld to recoup a disability, severance, or readjustment pay balance, discontinue the award.
Reference: For more information on discontinuing payments to fugitive felons, see M21-1MR, Part X, 16.2.d.

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k. Adjusting an Award Involving Entitlement to Clothing Allowance

/ Use the table below when adjusting an award 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 enters fugitive felon status / enter “YES” in the INCARCERATION IND field of the M15 screen by using the CORR command.
resuming benefits after a Veteran is out of fugitive felon status /
  • enter “NO” in the INCARCERATION IND field of the M15 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
  • contacting a warrant agency to confirm a warrant has been cleared
  • 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

/ November 22, 2011

a. Evidence Required to Establish That a Beneficiary Is No Longer in Fugitive Status

/ The beneficiary may establish that he/she is no longer in fugitive status by
  • submitting official documentation such as a court order or letter from the warrant agency, or
  • 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.
Reference: For information on contacting a warrant agency to confirm a warrant has been cleared, see M21-1MR, Part X, 16.3.b.

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b. Contacting a Warrant Agency to Confirm a Warrant Has Been Cleared

/ When contacting a warrant agency to confirm a warrant has been cleared
  • refer to the warrant by date, and
  • inform the agency that you are looking for inactive as well as active warrants.
If the warrant agent denies the existence of the warrant, e-mail the details in the case to the VAVBAWAS/CO/212A mailbox. Do not restore benefits until you have received a response from Compensation Service. If OIG issued an FFP-3 form, it is unlikely there was never a warrant.
Note: In most instances, benefits can be restored only from the date the warrant was cleared and not retroactively back to the date of termination due to fugitive felon status. (Reference: For more information, see M21-1MR, Part X, 16.2.f.)

c. Verifying a Beneficiary Is No Longer a Fugitive

/ Use the table below to verify a beneficiary is no longer a fugitive.
If … / Then …
  • the beneficiary does not furnish acceptable documentary 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
/ contact that official.
the official confirms that the beneficiary is no longer in fugitive status / document this information on VA Form 21-0820, Report of General Information.

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c. Verifying a Beneficiary Is No Longer a Fugitive(continued)
If … / Then …
you are unable to
  • contact the official with the information provided by the beneficiary, or
  • obtain a better address/telephone number from other sources
/
  • advise the beneficiary of this fact, and
  • remind him/her that payments cannot be resumed until VA receives proof that the beneficiary is no longer in fugitive status.

you are able to contact the official, but the official is unwilling to release the information / contact the regional OIG fugitive felon coordinator for assistance.
Reference: For more information on contacting the regional OIG felon coordinator, see M21-1MR, Part X, 16.3.d.
Note: If a beneficiary presents to law enforcement authorities (LEAs) in a jurisdiction other than the one that issued the warrant, it is the beneficiary’s responsibility 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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d. When to Contact the OIG Fugitive Felon Coordinator

/ It is appropriate to contact the OIG fugitive felon coordinator for advice when
  • 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.

e. How to Contact the OIG Fugitive Felon Coordinator