Executive Decree 2021-16: Unemployment Insurance Fraud Response Team

EXECUTIVE ORDER

N ° 2021-16

Unemployment Insurance Fraud Response Team

Unemployment Insurance (“UI”) is helping Michigan families get through tough times. Unemployment insurance keeps food on the table even when a stable source of income dries up. And that ensures that no child goes hungry just because their parent is unfortunate enough to lose their job.

While Unemployment Insurance provides a lifeline for working families to get back on their feet, it can also be the target of criminal enterprises. Over the past 18 months, states across the country have witnessed unemployment insurance fraud on an unprecedented scale. Unemployment insurance fraud not only costs taxpayers money, it can also rob Michiganians of economic assistance when they need it most. It is our duty as a state to do all we can to put an end to unemployment insurance fraud, even as we make sure that valid claims are paid accurately and quickly.

Effective enforcement is an important tool in stopping unemployment insurance fraud. Michigan will benefit from a coordinated approach, leveraging the capabilities of state, local and federal law enforcement agencies to effectively identify, investigate and prosecute those who steal UI benefits.

Section 1 of Section 5 of the Michigan Constitution of 1963 grants the executive power of the State of Michigan to the Governor.

Section 8 of Section 5 of the 1963 Michigan Constitution places each major department of state government under the supervision of the governor, unless otherwise specified.

Section 8 of Article 5 of the Michigan Constitution of 1963 obliges the governor to ensure that laws are faithfully carried out.

Acting under the terms of the Michigan Constitution of 1963 and the law of Michigan, I order that:

  1. Creation of the unemployment insurance fraud intervention team
    1. The Unemployment Insurance Fraud Response Team (“Response Team”) is established as an advisory body within the Michigan Department of Labor and Economic Opportunities (“Department”).
    2. The intervention team should be made up of:
      1. The Director of the Unemployment Insurance Agency (“Agency”) and / or one of the persons appointed by the Director within the Agency.
      2. The Attorney General and / or any person appointed by the Attorney General within the Ministry of the Attorney General.
      3. The State Treasurer and / or one of the representatives appointed by the State Treasurer within the Department of the Treasury.
      4. The director of the State Police Department and / or one of the representatives appointed by the director within the State Police Department.
    3. Employees of the US Department of Justice, US Secret Service, US Department of Labor, Federal Bureau of Investigation, US Department of Homeland Security, Internal Revenue Service, US Postal Inspection Service, Social Security Administration or other relevant federal agencies may participate in the Response Team.
    4. A vacant position within the response team should be filled in the same manner as the initial appointment or designation.
    5. All members of the response team serve at the discretion of the governor.
    6. The director of the Agency is the president of the intervention team.
  2. Charge to the intervention team
    1. The response team will provide recommendations to the ministry director and heads of other ministries or agencies.
    2. The response team will coordinate activities among UI fraud enforcement partners at all levels of government.
    3. The response team will work to expedite enforcement activities related to Unemployment Insurance fraud in Michigan.
  3. Response team operations
    1. The Ministry must help the intervention team in the exercise of its functions and provide personnel to staff the intervention team. The related budgeting, procurement and management functions of the response team will be carried out under the direction and supervision of the department director. Other ministries, including the Ministry of the Attorney General, may also provide staff to staff the response team.
    2. The Response Team may adopt procedures, in accordance with this Order and the applicable law, governing its organization and operation.
    3. The intervention team can choose a vice-president from among its members.
    4. The Intervention Team may choose a secretary from among its members.
    5. The intervention team must meet when convened by its president and in accordance with the contrary provisions of the procedures adopted by the intervention team.
    6. The response team may establish advisory working groups made up of individuals or entities involved in the response team’s activities or other members of the public deemed necessary by the response team for the response. assist in carrying out its duties and responsibilities. The response team may adopt, reject or modify any recommendation proposed by an advisory working group.
    7. The response team may, where appropriate, conduct inquiries, studies and inquiries, hold hearings and receive comments from the public. The response team may also consult external experts to accomplish its tasks, including experts from the private sector, labor organizations and government agencies, as well as higher education institutions.
    8. The response team may hire or retain contractors, sub-contractors, advisers, consultants and agents, and may enter into and enter into contracts necessary or incidental to the exercise of the response team’s powers. and for the performance of his duties as director as the Ministry deems desirable and necessary, in accordance with this Order and applicable laws, rules and procedures, subject to available funds.
    9. The response team may accept donations of labor, services or other valuable things from any agency or person, public or private. All donations must be received and used in accordance with the law.
    10. Members of the response team should not receive any additional remuneration for their work within the response team.
    11. Members of the response team should refer all legal, legislative and media contacts to the Agency.
  4. Implementation
    1. All the departments, agencies, committees, commissioners and agents of this State must provide the intervention team with any assistance necessary for the exercise of its functions, insofar as this is compatible with their functions and in accordance with this decree and to the applicable law. Open access shall also be granted to any books, records or documents in their custody relating to matters falling within the scope of the response team’s investigation, study or review, in accordance with the applicable law.
    2. This order is not intended to mitigate any proceeding brought by, against or before any agent or entity affected by this order. Proceedings may be brought by, against or before the successor of any officer or entity affected by this order.
    3. Nothing in this order should be interpreted as modifying the organization of the executive branch of state government or the distribution of functions among its units in a manner requiring the force of law.
    4. If any part of this command is found to be unenforceable, the rest of the command remains in effect.
    5. This ordinance is effective as soon as it is filed. The response team ends on December 31, 2023 at 11:59 p.m.

OÉ 2021-16