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Failing to comply with any HCV program requirements for personal gain <br />Failing to comply with any HCV program requirements as a result of a conflict of interest <br />relationship with any applicant, participant, or owner <br />Seeking or accepting anything of material value from applicants, participating families, <br />vendors, owners, contractors, or other persons who provide services or materials to SAHA <br />Disclosing confidential or proprietary information to outside parties <br />Gaining profit as a result of insider knowledge of SAHA activities, policies, or practices <br />Misappropriating or misusing HCV funds <br />Destroying, concealing, removing, or inappropriately using any records related to the HCV <br />program <br />Committing any other corrupt or criminal act in connection with any federal housing <br />program <br />14-II.E. CRIMINAL PROSECUTION <br />When SAHA determines that program abuse by an owner, family, or SAHA staff member has <br />occurred and the amount of overpaid subsidy meets or exceeds the threshold for prosecution <br />under local or state law, SAHA will refer the matter to the appropriate entity for prosecution. <br />When the amount of overpaid assistance meets or exceeds the federal threshold, the case will <br />also be referred to the HUD Office of Inspector General (OIG). <br />Other criminal violations related to the HCV program will be referred to the appropriate local, <br />state, or federal entity. <br />14-ILF. FRAUD AND PROGRAM ABUSE RECOVERIES <br />SAHA may retain a portion of program fraud losses that SAHA recovers from a family or owner <br />through litigation, court order, or a repayment agreement [24 CFR 982.163]. <br />SAHA must be the principal party initiating or sustaining the action to recover amounts due from <br />tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits SAHA to retain the <br />greater of: <br />• 50 percent of the amount it actually collects from a judgment, litigation (including settlement <br />of a lawsuit) or an administrative repayment agreement, or <br />Reasonable and necessary costs that the PHA incurs related to the collection including costs <br />of investigation, legal fees, and agency collection fees. <br />The family must be afforded the opportunity for an informal hearing in accordance with <br />requirements in 24 CFR 982.555. <br />If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted <br />from the amount retained by SAHA. <br />iii29iio Page 14-8 <br />