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Repayment to SAHA Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program abuse is caused by SARA staff [HCV GB. 22-12] . SAHA Reimbursement to Family or Owner SARA must reimburse a family for any underpayment of subsidy, regardless of whether the underpayment was the result of staff caused error or staff or owner program abuse. Funds for this reimbursement must come from SAHA's administrative fee reserves [HCV GB p. 22-12] . Prohibited Activities Any of the following will be considered evidence of program abuse by SARA staff: Failing to comply with any HCV program requirements for personal gain Failing to comply with any HCV program requirements as a result of a conflict of interest relationship with any applicant, participant, or owner Seeking or accepting anything of material value from applicants, participating families, vendors, owners, contractors, or other persons who provide services or materials to SARA Disclosing confidential or proprietary information to outside parties Gaining profit as a result of insider knowledge of SARA activities, policies, or practices Misappropriating or misusing HCV funds Destroying, concealing, removing, or inappropriately using any records related to the HCV program Committing any other corruptor criminal act in connection with any federal housing program 14-II.E. CRIMINAL PROSECUTION When SARA determines that program abuse by an owner, family, or SARA staff member has occurred and the amount of overpaid subsidy meets or exceeds the threshold for prosecution under local or state law, SARA will refer the matter to the appropriate entity for prosecution. When the amount of overpaid assistance meets or exceeds the federal threshold, the case will also be referred to the HUD Office of Inspector General (OIG). Other criminal violations related to the HCV program will be referred to the appropriate local, state, or federal entity. 14-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES SARA may retain a portion of program fraud losses that SARA recovers from a family or owner through litigation, court order, or a repayment agreement [24 CFR 982.163 ] . SARA must be the principal party initiating or sustaining the action to recover amounts due from tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits SAHA to retain the greater of: • 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a lawsuit) or an administrative repayment agreement, or ~~02~12 Page 14-8