ࡱ> q` bjbjqPqP 48::{iUUU8UdRVdYfX [([[[(]Hp`da|$h'd(](]dd[[4(mmmdX[[*mdmmz[X  B1Udh<Y~eh,,arbhmbT.cQaaaImXaaaYddddEUU Chapter 16. Fugitive Felon Match 1. Identification of Fugitive Felons IntroductionThis 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 DateMarch 20, 2007 a. Legal Basis for the Fugitive Felon Match HYPERLINK "http://straylight.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005313---B000-.html" 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  HYPERLINK "http://straylight.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005313---B000-.html" 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  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_665.DOC" 38 CFR 3.665(f) (compensation and DIC)  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_666.DOC" 38 CFR 3.666(e) (pension), and  HYPERLINK "http://www1.va.gov/ogc/docs/PREC_7-2002.doc" VAOPCGPREC 7-2002.Continued on next page  STYLEREF "Map Title" 1. Identification of Fugitive Felons, Continued b. Objectives of the Fugitive Felon MatchThe 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 StatusA 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 StatusA 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. Continued on next page  STYLEREF "Map Title" 1. Identification of Fugitive Felons, Continued f. Responsibilities of OIGOIG 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 VBAVBA 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  HYPERLINK "pt10_ch16.xml" \l "X.16.2.d" M21-1MR, Part X, 16.2.d, and HYPERLINK "pt10_ch16.xml" \l "X.16.2.e"M21-1MR, Part X, 16.2.e, and evidence required to show that fugitive status has been cleared, see  HYPERLINK "pt10_ch16.xml" \l "X.16.3.a" M21-1MR, Part X, 16.3.a. 2. Fugitive Felon Award Adjustments IntroductionThis 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 DateSeptember 3, 2009 a. Forms OIG Uses to Refer Cases to VBAIn 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. StepAction1Periodically, 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. Continued on next page  STYLEREF "Map Title" 2. Fugitive Felon Award Adjustments, Continued  STYLEREF "Block Label" b. Actions Taken to Process Referral Forms (continued) StepAction2C&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  HYPERLINK "pt10_ch16.xml" \l "X.16.4.a" M21-1MR, Part X, 16.4.a.3Upon 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 ProceduresDo not take adverse action without first affording the beneficiary due process as required by  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_103.DOC" 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  HYPERLINK "http://vbaw.vba.va.gov/bl/21/M21-1MR/m21-1mr_main.htm" \l "pt1_ch2" M21-1MR, Part I, 2, and how to handle a fugitive felons request for a hearing, see  HYPERLINK "pt10_ch16.xml" \l "X.16.4.e" M21-1MR, Part X, 16.4.e.  Continued on next page  STYLEREF "Map Title" 2. Fugitive Felon Award Adjustments, Continued d. Effective Date to Discontinue an AwardDiscontinue 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 AwardResume 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 ClearedThe 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 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 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.Continued on next page  STYLEREF "Map Title" 2. Fugitive Felon Award Adjustments, Continued g. Determining Whether 38 CFR 3.31 Applies to the Payment DateWhen 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  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_31.DOC" 38 CFR 3.31(c), an exception to the general provisions of  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_31.DOC" 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  HYPERLINK "http://www.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_31.DOC" 38 CFR 3.31. Reference: For more information on the effective date to resume the award, see  HYPERLINK "pt10_ch16.xml" \l "X.16.2.e" M21-1MR, Part X, 16.2.e. h. Use of Reason Code 47 in BDNIf you are working the case in the Benefits Delivery Network (BDN), use reason code 47 on award lines adjusting for a beneficiarys fugitive status (in or out of fugitive status). Continued on next page  STYLEREF "Map Title" 2. Fugitive Felon Award Adjustments, Continued i. Award Action to Take When Discontinuing PaymentsUse 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 datediscontinue 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  HYPERLINK "pt10_ch16.xml" \l "X.16.2.d" M21-1MR, Part X, 16.2.d.Continued on next page  STYLEREF "Map Title" 2. Fugitive Felon Award Adjustments, Continued k. Adjusting an Award Involving Entitlement to Clothing AllowanceUse the table below when adjusting an award involving entitlement to clothing allowance. Note: Under HYPERLINK "http://straylight.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005313---B000-.html"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 statusenter 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 statusenter NO in the INCARCERATION IND field of the M15 screen, and follow the procedures in HYPERLINK "pt09_sp01_ch07.xml" \l "IX.i.7.3"M21-1MR, Part IX, Subpart i, 7.3, to adjust the clothing allowance benefit. 3. Fugitive Felon Status Issues IntroductionThis 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 beneficiarys fugitive status handling a beneficiarys allegation of a misdemeanor warrant the action to take when a dependent is fugitive expunged records, and sealed records.  Change DateFebruary 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 beneficiarys 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. Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued b. Verifying a Beneficiary Is No Longer a FugitiveUse 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 statuscontact that official. the official confirms that the beneficiary is no longer in fugitive statusdocument 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 sourcesadvise 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 informationcontact the regional OIG fugitive felon coordinator for assistance. Reference: For more information on contacting the regional OIG felon coordinator, see  HYPERLINK "pt10_ch16.xml" \l "X.16.3.c" 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. Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued 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 CoordinatorTo 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 CoordinatorFollow 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.Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued f. Determining an Incarcerated Beneficiarys Fugitive StatusDo 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 beneficiarys imprisonment, see  HYPERLINK "pt03_sp05_ch08_secA.xml" \l "III.v.8.A" M21-1MR, Part III, Subpart v, 8.A.Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued g. Handling a Beneficiarys Allegation of a Misdemeanor WarrantVA 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 agencys characterization of the warrant as a felony warrant that is controlling.Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued h. Action to Take When a Dependent is FugitiveUse 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 apportioneeremove 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 apportioneediscontinue the apportionees 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 RecordsIn 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. Continued on next page  STYLEREF "Map Title" 3. Fugitive Felon Status Issues, Continued j. Sealed RecordsIn 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  HYPERLINK "pt10_ch16" \l "X.16.3.c" 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. 4. Fugitive Felons Additional Information IntroductionThis 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 DateSeptember 3, 2009 a. RO Jurisdiction Over Fugitive Felon CasesThe 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  HYPERLINK "http://vbaw.vba.va.gov/bl/21/M21-1MR/m21-1mr_main.htm" \l "pt3_spii_ch5" M21-1MR, Part III, Subpart ii, 5.  Continued on next page  STYLEREF "Map Title" 4. Fugitive Felons Additional Information, Continued b. PMC Jurisdiction Over Fugitive Felon CasesClaims 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 CoordinatorsEach 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 SourcesDo 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.Continued on next page  STYLEREF "Map Title" 4. Fugitive Felons Additional Information, Continued e. Hearing Requests From Fugitive FelonsIf 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 OverpaymentsOverpayments created under the fugitive felon program are subject to waiver or compromise. The special procedures that apply to fugitive felon cases are contained in  HYPERLINK "http://www.va.gov/publ/direc/finance/05GC1_01bul.htm" OF Bulletin 05GC1.01, Further Instructions on the Impact of the Fugitive Felon Act on Committees on Waivers and Compromises. Important: Paragraph 3d of  HYPERLINK "http://www.va.gov/publ/direc/finance/05GC1_01bul.htm" 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. Continued on next page  STYLEREF "Map Title" 4. Fugitive Felons Additional Information, Continued g. End ProductsEstablish 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 RequirementsNo 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 QuestionsSend 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  HYPERLINK "pt10_ch16.xml" \l "X.16.3.c" M21-1MR, Part X, 16.3.c.       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