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What is Ghost Employment?. IU Financial Policy IV-1 . Indiana Code 35-44-2.
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What is Ghost Employment? IU Financial Policy IV-1
Indiana Code 35-44-2 • Hires an employee and fails to assign to the employee any duties or assigns to the employee any duties not related to the operation of the entity (Class D Felony) or assigns to an employee under his supervision any duties not related to the operation of the entity that he serves (Class D Felony)
Indiana Code 35-44-2 • The person employed by entity who, knowing that he has not been assigned any duties to perform for the entity, accepts property from the entity commits ghost employment (Class D Felony).
Indiana Code 35-44-2 • The person employed by a government entity who knowingly or intentionally accepts property from the entity for the performance of duties not related to the operation of the entity commits ghost employment.
Indiana Code 35-44-2 • Any person who accepts property from a governmental entity in violation of this section and any public servant who permits the payment of property in violation of this section are jointly and severally liable to the governmental entity for that property. The attorney general may bring a civil action to recover that property in the county where the governmental entity is located or the person or public servant resides.
Fiscal Misconduct/Ghost Employment • Indiana law makes it a criminal and civil law offense for IU to employ and pay an employee when that employee is NOT performing duties related to the operation of the employer. • No employee is to receive salary or wages for work not performed in the exercise of duties for the institution • It is also unlawful for the employee to accept salary or wages in this situation • Both the employer and the employee are subject to civil and criminal penalties for violation
Fiscal Misconduct/Ghost Employment • IU financial institutional policy states, “If any employee knows or suspects that other university employees are engaged in theft, fraud, embezzlement, fiscal misconduct or violation of university financial policies, it is their responsibility to immediately notify the Internal Audit department or the appropriate campus police department.
Ghost employment • Al l investigations will be conducted in the strictest of confidence. The names of those communicating information will only be revealed if legal action requires disclosure of names.