Ark. Code Ann. § 21-2-708 (2020)

1. 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.
2. 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).
3. 1. To obtain restitution under subsection (b) of this section and as authorized by § 5-4-205, the board shall consider the Self-Insured Fidelity Bond Program and the participating governmental entity as 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.

History. Acts 1987, No. 728, § 12; 1993, No. 179, § 2; 1993, No. 319, § 3; 2013, No. 1056, § 1; 2015, No. 231, § 2.

Amendments. The 2013 amendment rewrote (a) and (b).

The 2015 amendment, in (c)(1), substituted “To obtain restitution under” for “For the purpose of obtaining restitution as provided in,” inserted “and as authorized by § 5-4-205, the board shall consider” and substituted “as victims” for “shall be deemed victims”.