part x, chapter 16. fugitive felon match (department of veterans

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 March 20, 2007

a. Legal Basis for the Fugitive Felon Match

38 U.S.C. 5313B prohibits 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 .

Continued on next page

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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.

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.

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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 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 Action1 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 Action2 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 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.

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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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.

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 does not 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 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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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.

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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 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.


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3. Fugitive Felon Status Issues, Continued

b. 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 119, Report of Contact.

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.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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c. 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.

d. How to Contact the OIG Fugitive Felon Coordinator

To request assistance from the 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 Recommendations of OIG Fugitive Felon Coordinator

Follow the recommendations of the OIG fugitive felon coordinator as to whether to discontinue benefits. It is the policy of OIG and VBA to resolve reasonable doubt in favor of the beneficiary.

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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f. Determining an Incarcerated Beneficiary’s Fugitive Status

Do not assume that a warrant is cleared when a beneficiary is incarcerated unless the beneficiary is incarcerated by the agency that issued the warrant. (Example: The evidence shows that the beneficiary is incarcerated by the Michigan Department of Corrections, and the warrant was issued by the Michigan Department of Corrections.)

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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g. Handling a Beneficiary’s Allegation of a Misdemeanor Warrant

VA benefits may be discontinued because of fugitive felon status only if there is a valid felony warrant. If the beneficiary alleges that the warrant was for a misdemeanor, develop to determine whether there was a valid felony 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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h. Action to Take When a Dependent is Fugitive

Use the table below to determine the action to take if the person identified on the fugitive felon referral form 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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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.

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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 Fugitive Felon Cases

The regional office (RO) with jurisdiction of the claims folder shown in the corporate record is responsible for 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 Fugitive Felon Cases

Claims folders on fugitives entitled to pension may be permanently transferred to the Pension Management Center (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 Coordinators

Each RO is required to designate a primary and two alternate fugitive felon coordinators. The fugitive felon 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 Identified From Other Sources

Do not initiate due process on a fugitive felon case without a referral from OIG on an FFP-3 form or similar document. If you identify a possible fugitive felon from other sources, send an e-mail with identifying 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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e. Hearing Requests From Fugitive Felons

If a fugitive felon requests a hearing

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 of Overpayments

Overpayments created under the fugitive felon program are subject to waiver or compromise. The special procedures 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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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 Requirements

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

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

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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Documents