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Indiana Office of Inspector General

IG > UGC: Uniform Government Code > Criminal Criminal

IC 35-44.1-1-4 (offense of conflict of interest)

Contents

§100 In General
§101 Procedures in criminal cases
§151 Official misconduct
§152 Conflict of interest
§153 Profiteering from public service
§154 Bribery
§155 Retaliation
§156 Cashbook rule
§157 Depository rule
§158 Itemization rule
§159 Federal Theft or Bribery


In General


§100 In general

Most Indiana criminal offenses are defined by the Indiana Legislature in Title 35 of the Indiana Criminal Code. However, criminal offenses applying to the transaction of business by state executive branch employees are in various titles as demonstrated below.

Indiana recognizes the accomplice, conspiracy and attempt theories.

The offenses most often applying to state workers are stated below.

Source:
IC 35-41-2-4 (accomplice theory)
IC 35-41-5-2 (conspiracy theory)
IC 35-41-5-1 (attempt theory)


§101 Procedures in criminal cases

Criminal offenses are charged by county prosecuting attorneys who are constitutional judicial officers elected within Section 7 of the Indiana Constitution.

The Inspector General is required to report criminal activity to the Governor and the county Prosecuting Attorney. In strictly limited situations involving public corruption offenses when the county Prosecuting Attorney declines prosecution after six months, the inspector general may petition the court of appeals for permission to prosecute a case.

A criminal charge most often is a written document, an information, filed with a trial court. On rare occasions, or when the Inspector General is granted permission to prosecute, a charge is brought through the grand jury system where an indictment (rather than information) may result with a true bill. If the grand jury does not indict, the result is a no bill.

If probable cause is determined in support of the information or indictment, the Prosecuting Attorney and defendant engage in discovery and exchange documents reflecting their evidence. If a plea agreement is not reached by both parties, a trial by jury or with the judge as the trier of fact (a court or bench trial) occurs where the prosecuting attorney has the burden of proof beyond a reasonable doubt to prove each element of the charged offense.

Both parties are also entitled to appeal the verdict.


Crimes


§151 Official misconduct

Official misconduct is the most common criminal offense that may apply to state workers. This is because its definition is broad by addressing the conduct of all state employees as “public servants”. There are two basic elements to the offense: when a (1) public servant (2) does an act prohibited by law in the performance of his/her duties.

Common acts for the predicate element of committing an “act prohibited by law” for the criminal offense of official misconduct include theft, forgery and deception.

This offense is a class D felony.

Source:
IC 35-44.1-1-1 (offense of official misconduct)
IC 35-50-2-7 (class D felony penalty)


§152 Conflict of interest

The crime of conflict of interest occurs when a public servant has a pecuniary interest or derives a profit from a contract or purchase connected with the governmental entity served by the public servant.

Specific exclusions exist in the statute under subsection c.

This offense also requires disclosure and offers screening protection for state workers.

This offense is a class D felony.

Source:
IC 35-44.1-1-4 (offense of conflict of interest)
IC 35-50-2-7 (class D felony penalty)


§153 Profiteering from public service

The crime of profiteering from public service occurs when a public servant leaves employment with a state agency and then knowingly or intentionally within one year obtains a pecuniary interest in a contract or purchase that the public servant previously approved, negotiated or prepared on behalf of the state agency.

This offense is a class D felony.

Source:
IC 35-44.1-1-5 (offense of profiteering from public service)
IC 35-50-2-7 (class D felony penalty)


§154 Bribery

The crime of bribery occurs when a person confers, offers or agrees to confer on a public servant any property (other than property the public servant is authorized by law to accept) with the intent to control the performance of an act related to the employment.

This offense is a class C felony.

Source:
IC 35-44.1-1-2 (offense of bribery)
IC 35-50-2-6 (class C felony penalty)


§155 Retaliation

The crime of retaliation occurs when a state worker retaliates or threatens to retaliate against a state worker who made a good faith complaint, provided information or testified at hearing with the Inspector General or State Ethics Commission.

This offense is a class A misdemeanor.

Source:
IC 4-2-6-13 (offense of retaliation)
IC 35-50-3-2 (class A misdemeanor penalty)


§156 Cashbook rule

The crime of improperly maintaining a cash book is addressed in §351 of the UGC.

Source:
IC 5-13-5-1 (cashbook rule)
IC 35-44.2-2-2 (offense classified as a class B misdemeanor)
IC 35-50-3-3 (class B misdemeanor penalty)


§157 Depository rule

The crime of violating the depository rule is addressed in §352 of the UGC.

Source:
IC 5-13-6-1(rule)
IC 35-44.2-2-1 (offense dependent on amount of errant deposit)
IC 35-50-3-2(class A misdemeanor penalty)
IC 35-50-2-7(class D felony penalty)
IC 35-50-2-6(class C felony penalty)

§158 Itemization rule

The crime of violating the itemization rule is addressed in §353 of the UGC.

Source:
IC 5-11-10-1 (rule)
IC 5-11-10-3 and IC 35-44.2-2-3 (classified as a class A misdemeanor)
IC 35-50-3-2 (class A misdemeanor penalty)


§159 Federal Theft or Bribery

An (1) employee of (2) a state or local government which receives more than $10,000 of federal assistance within a year, who:
(3) embezzles, steals, obtains by fraud, or converts property under the government unit’s care, custody or control and which is (4) valued at $5,000 or more,
OR
(3) corruptly gives, offers, or agrees to give anything of value to any person, with (4) intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything (5) of value of $5,000 or more;
commits federal theft or bribery concerning programs receiving federal funds.

Source:
18 USC 666