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Administrative Plan 4/1/2016 Page 14-10 <br />o Disclosing confidential or proprietary information to outside parties <br />o Gaining profit as a result of insider knowledge of SAHA activities, policies, or <br />practices <br />o Misappropriating or misusing HCV funds <br />o Destroying, concealing, removing, or inappropriately using any records related to <br />the HCV program <br />o Committing any other corrupt or criminal act in connection with any federal <br />housing program <br /> <br />14-II.E. CRIMINAL PROSECUTION <br />SAHA Policy <br />When SAHA determines that program abuse by an owner, family, or SAHA staff <br />member has occurred and the amount of overpaid subsidy meets or exceeds the threshold <br />for prosecution under local or state law, SAHA will refer the matter to the appropriate <br />entity for prosecution. When the amount of overpaid assistance meets or exceeds the <br />federal threshold, the case will also be referred to the HUD Office of Inspector General <br />(OIG). <br />Other criminal violations related to the HCV program will be referred to the appropriate <br />local, state, or federal entity. <br /> <br />14-II.F . 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 SAHA incurs related to the collection including costs of <br />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 SAHA related to the collection, these costs must be deducted <br />from the amount retained by SAHA. <br />3-322