Pubdate: Mon, 05 Jan 2004 Source: Courier-Journal, The (KY) Copyright: 2004 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Author: Greg Stumbo ATTORNEY GENERAL STUMBO DEFENDS CREATION OF THE KBI In a recent editorial, The Courier-Journal criticized my plan to create a Kentucky Bureau of Investigation (KBI) and suggested that the Office of the Attorney General (OAG) should focus on consumer protection and environmental regulation. While the KBI is an important crime-fighting initiative, its establishment is in no way intended to diminish the emphasis I will maintain and enhance upon the other divisions of the Attorney General's Office. These divisions include programs for consumer protection and the environment as well as victims' advocacy, senior protection, child support collection and public corruption. All of these programs will continue to be managed effectively to fight crime across our commonwealth and preserve the civil rights of our citizens. In fact, shortly after my election, I directed my transition team to explore the potential interaction between the KBI and the Consumer Protection Division as an initial organizational goal. Knowing that law enforcement agencies regularly encounter cases of fraud and deception in business practices, I anticipated a need for effective communication between the KBI and the investigators and prosecutors acting to protect Kentucky's consumers under Kentucky law. The creation of the KBI offers the Consumer Protection Division a great opportunity to improve its effectiveness. With this in mind, the longtime director of this division suggested a coordinated approach to their respective enforcement duties. As a result, I am designating a consumer protection investigator with extensive law enforcement experience to serve as liaison to the KBI. I will ensure that maximum cooperation will be achieved between these subdivisions of the OAG for the greater benefit of the public. During my campaign, the people of Kentucky also stressed to me the importance of protecting our environment. I promised to use this office to achieve that goal. Consequently, another initial directive to my transition team was to evaluate the Attorney General's duties in the criminal prosecution of environmental offenses. I have concluded that increased effort should be directed to this area. The Office of the Attorney General has concurrent jurisdiction with locally elected prosecutors to investigate violations of environmental law, and this authority will be exercised. The Special Prosecutions Division is an integral component in the Environmental Crimes Workgroup (ECW), which is comprised of state and federal agencies working in concert to review potential and ongoing environmental cases and to ensure the most effective use of resources in the prosecution of such cases. The ECW meets shortly after I take office in January, and I look forward to invigorating and expanding the role of the Special Prosecutions Division in this important work. I will not, however, be targeting the new Republican administration, as you propose. I believe that fair and effective law enforcement is only achieved where wrongdoing is confronted wherever it is found. Those who would cheat our children of their most precious inheritance by violating environmental protection laws will be prosecuted no matter what their political affiliation. Beyond The C-J's suggestions that I focus my attention on consumer protection and environmental law enforcement, other important areas must be considered in evaluating the beneficial effects of the KBI. You correctly note that one of the KBI's main goals is the eradication of illegal drug use, which has reached epidemic portions in some parts of our state. Accordingly, I have directed that the Medicaid Fraud and Abuse Control Division be increasingly vigilant in detecting any improper diversion of prescription drugs from theirintended use. The proven worth of this division should not be underestimated. Operating on a budget of only $1.6 million, the division obtained restitution for the Medicaid program in the amount of $14.3 million last year alone. In consultation with federal authorities, I will strengthen and improve the achievements of this valuable division by allying it with the KBI and ensuring that any improper drug diversion is prosecuted on all fronts. I am also compelled to defend the integrity and professionalism of the sworn peace officers presently serving in the OAG. Characterizing these brave public servants who have a proven record of fighting crime as "running around with badges and guns, their effects not particularly well organized or focused," misinforms the public as to the true capabilities and accomplishments of the OAG's investigative team. Recently, OAG investigators and prosecutors arrested 85 fugitive felons who were defrauding vital public assistance programs, collected a record criminal penalty of $1.2 million for nursing home patient abuse and recovered in excess of $3 million from predatory lenders. By establishing regional offices in the east and west regions of Kentucky, valuable resources will be brought to bear where they are most urgently needed. In this way, the traditional law enforcement duties of the OAG will be delivered along with the drug-fighting mission of the KBI to areas of Kentucky remote from Frankfort. The KBI is designed to far outlast my tenure in office, and to grow and respond to the evolving needs of this commonwealth. The C-J may say "no" to the KBI, but the people of Kentucky have overwhelmingly said "yes." The people favored creation of the KBI, and I am keeping my promise to do just that. I have met with and received support in this endeavor from Lt. Gov. Steve Pence, officials of the Kentucky State Police, FBI representatives, U.S. Rep. Hal Rogers' office, and the current director of the OAG's Public Corruption Unit, Jim Huggins. All agree that the budgetary constraints affecting the State Police, the redirection of federal resources toward homeland security and the growing magnitude and complexity of the drug epidemic point to the necessity of reorganizing the OAG's resources to more effectively fulfill its investigatory and prosecutorial functions. I find that the OAG will greatly benefit from the effective streamlining of services that the KBI will provide, as I have briefly outlined here. I expect The C-J to evaluate this program on its merits as it is instituted. GREG STUMBO Attorney General-elect Commonwealth of Kentucky - --- MAP posted-by: Beth Wehrman