D.C. Code § 1-301.86c(Perm): Attorney General Restitution Fund.

*NOTE: This codification is not the most current. To see the current law, click this link Current Version*

(a)

There is established as a special fund the Attorney General Restitution Fund ("Fund"), which shall be administered by the Office of the Attorney General ("OAG") in accordance with subsections (c) and (d) of this section.

(b)

Revenue from the following shall be deposited into the Fund:

(1)

Recoveries the Attorney General obtains as settlements or awards that include restitution, disgorgement, damages, or other monetary relief for individuals or entities for which the District is responsible for distribution, as well as recoveries of any related costs of distribution, and any other recoveries in such amounts as may be necessary to distribute any monetary relief for individuals or entities for which the District is responsible for distribution; and

(2)

Repealed.

(3)

Funds collected pursuant to § 1-350.02(a-4)(2).

(c)

Money in the Fund shall be used for the following purposes:

(1)

The payment of awards to individuals and entities as required by court orders, judgments, or settlements in actions or investigations OAG conducts;

(2)

The payment of costs and expenses related to maintaining the Fund, including costs associated with the claims process described in subsection (e) of this section; and

(3)

Supplying initial funding for, and from time-to-time replenishing, the Tenant Receivership Abatement Fund pursuant to § 1-301.86e(b)(1)(A).

(d)

Before OAG authorizes any payments from the Fund in excess of $100 to an individual or entity under this section, the Office of the Chief Financial Officer shall determine whether the individual or entity owes any amount to the District and deduct the amount owed from the award to the individual or entity, if any.

(e)

(1)

Upon receipt of revenue resulting from an award under this section, OAG shall conduct a claims procedure to:

(A)

Locate each individual or entity entitled to receive an award; and

(B)

Distribute the awarded amounts to these individuals and entities, minus any amounts deducted under subsection (d) of this section.

(2)

If not otherwise directed by the court order, judgment, or settlement, OAG may apply any part of the award to the costs and expenses related to maintaining the Fund and conducting the claims process under subsection (c)(2) of this section, including payments to claims administrators.

(3)

After paragraphs (1) and (2) of this subsection have been completed, any excess funds shall be treated as follows:

(A)

Any excess funds remaining from an award that are designated to named individuals or entities in the court or administrative order, judgment, or settlement shall be treated as unclaimed property pursuant to Chapter 1A of Title 41; and

(B)

Any other excess funds remaining from an award shall remain in the Fund and may be used, in an amount not to exceed $1 million each fiscal year, for any purpose provided for in subsection (c) of this section.

(f)

(1)

The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.

(2)

Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(g)

The Attorney General, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

(h)

Repealed.

(i)

All assets and liabilities of the Vulnerable Adult and Elderly Person Exploitation Restitution Fund are transferred to the Fund.