Report and Referral of Investigative or Audit Findings

(1) Reports of Possible Criminal Violations. (a) When the Veteran Advocate has reasonable cause to believe that a person under investigation or audit has violated state or federal criminal law, they shall so report and refer relevant investigative or audit findings to the Attorney General for the Commonwealth or appropriate United States Attorney. (b) The Veteran Advocate, may upon request of the Attorney General for the Commonwealth or United States Attorney, continue to provide investigative or other assistance after such report and referral. (c) Prior to such time as the Veteran Advocate has, through investigation, inspection, or audit, developed sufficient information to justify a report or referral of findings to the Attorney General for the Commonwealth or the United States Attorney, they may confer or consult with these officers or their designees as to the conduct or scope of the investigation. (2) Referral of Possible Civil Recovery Action. (a) When the Veteran Advocate believes that a matter may be appropriate for civil action to recover monies on behalf of the Commonwealth, they shall report to the Attorney General for the Commonwealth and refer relevant investigative or audit findings. (b) The Attorney General shall determine what further action is appropriate. (3) Referrals to Public Agencies other than the Attorney General for the Commonwealth or United States Attorney. (a) After an investigation or audit, the Veteran Advocate may refer investigative or audit findings and underlying evidence to the State Ethics Commission, or to any other federal, state or local agency which has an interest in such findings. (b) The Veteran Advocate may provide notice of the existence or content of complaints or information received by OVA of preliminary investigative or audit information developed by OVA, to interested federal, state or local agencies. 1. Such notice shall not be deemed a referral within the meaning of 123 CMR 2.09(3)(a). 2. Notice is appropriate if the subject of the complaint or information is not within the jurisdiction of OVA or if the Veteran Advocate has determined that the matter shall not be subject to full investigation, audit or review by OVA and may be appropriate for administrative action by another public agency. 3. Notice of the identity of the complainant or informant is subject to the provisions of 123 CMR 2.04(2) or (3). (4) Disclosure of Investigative or Audit Findings and Data. The report, referral or disclosure of investigative or audit data or findings pursuant to 123 CMR2.09(1)(a) or (c), 2.09(2)(a) or 2.09(3)(a), including the identityof complainants or informants, shall not be deemed a disclosure of records of OVA subject to the provisions of 123 CMR 2.04(2) or (3) and the requirements of M.G.L. c. 12A.