2014 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 2 - Commission, Oath, And Bond
Subchapter 7 - Self-Insured Fidelity Bond Program
§ 21-2-708 - Notice and proof of losses -- Investigations -- Restitution.

(a) The Legislative Auditor, with the approval of the Legislative Joint Auditing Committee, shall give notice and make proof of loss to the Governmental Bonding Board under the Self-Insured Fidelity Bond Program on behalf of a public official, officer, or employee when the audit of the records of the public official, officer, or employee reflects unauthorized disbursements or unaccounted-for funds or property for which the public official, officer, or employee may be liable.

(b) If an audit reflects unauthorized disbursements or unaccounted-for funds or property for which a public official, officer, or employee may be liable, then the Legislative Auditor shall request that:

(1) The appropriate prosecuting attorney or the Attorney General assist the state or the appropriate political subdivision in obtaining restitution; and

(2) The appropriate city attorney, county attorney, prosecuting attorney, or the Attorney General assist the state or appropriate political subdivision in filing a civil lawsuit against the public official, officer, or employee if the board determines that civil remedies should be pursued under § 21-2-709(a).

(c) (1) For the purpose of obtaining restitution as provided in subsection (b) of this section, the Self-Insured Fidelity Bond Program and the participating governmental entity shall be deemed victims.

(2) In any criminal prosecution against the official or employee causing the loss, where such official or employee enters a plea of guilty or nolo contendere, or is found guilty following a trial, restitution shall be awarded to the participating governmental entity for the entire amount of its unreimbursed losses and to the program for the entire amount of its payment to the participating governmental entity.