sou · H5B337 · 2017-05-05 00:00:00 — An overarching characteristic of qualified welfare crime is that it targets weak spots in welfare systems where information is not currently adequately verified or is difficult to verify. Another such characteristic is that this criminality exploits material weaknesses in the construction of legislation. The concrete characteristics are that they often involve large sums, payments that have been received over a long period of time, the use of false certificates, the use of companies as an instrument of crime and that several people are involved in the criminal arrangement. There are also various types of international connections in this type of criminality. With regard to estimating the extent of this criminality, such attempts have been made previously by both other inquiries and agencies. This is a very difficult task and the previous estimates are not unproblematic. It is therefore perilous to motivate various measures based on such estimates. Rather, we have drafted our proposals for changes based on the risks we have highlighted and in view of how seriously we have judged these risks to affect confidence in welfare systems. This means that we do not make any assessment of the extent of this criminality. However, with regard to the size of the monetary amount of the reported criminality, we can state that the total amount reported for all actors during the periods reviewed is million, of which million concerns qualified welfare crime (84 per cent). This means that a very large share of the total reported amount can be traced back to qualified welfare crime. The crimes that are in fact both detected and reported differ markedly from the previous assessments of the size of the monetary amounts involved in intentionally incorrect payments. This is the case regardless of how close to reality these previous assessments are. In our view, the differences are mainly due to two factors: that the number of unrecorded cases is very large and that crimes that are in fact detected are not reported. In the survey, we have identified a number of risk factors in both the exposed welfare systems and in combatting crime against these systems. Only the risks that in our view are particularly large and important to combat have been addressed. We have chosen to highlight three overarching risk factors. Firstly, the information in the registers of significance to payments from welfare systems does not reflect actual conditions, primarily information registered in population registry databases. This information plays an important role in decisions on payments from welfare systems. This also applies to information registered by , which hampers the ability of law enforcement authorities to investigate and prosecute these crimes. Secondly, in our view, the material on which decisions by the paying actors are based constitute a risk factor. The conditions concerning obtaining and verifying submitted information are not appropriate and well-considered and there is therefore a risk of decisions on payments from welfare systems being incorrect because they are based on incorrect material. This applies in particular to information on companies. A third risk factor is the fact that the proper conditions are not in place for law enforcement authorities to adequately investigate and prosecute crime against welfare systems. Measures to counteract registered information not reflecting actual circumstances In our view it is very important to take measures to combat the use of fictive identities and false identity documents. We therefore propose a consolidated approach to these issues by reducing the number of issuers of identity documents and concentrating this responsibility to a single agency. This should be reviewed separately by a government- appointed inquiry that is also tasked with investigating the need and conditions for a common regulatory framework and proposing the changes required for the more extensive use of biometric data to ensure that registered information reflects actual circumstances. In our view, the Government should immediately instruct the to review its routines for the issuing of driving licences and take necessary measures aimed at preventing driving licences from being used in connection with fraud or other crimes. Furthermore, we propose that the be given the power to remove personal identity numbers from the population register if the registered information is patently incorrect, and that it becomes permissible to register passport numbers in the population registration database. It has emerged that incorrect information concerning terms of employment is often found in connection with the crimes in question. We therefore propose that the be instructed to devise a standardised certificate containing information on working conditions, called a ‘work certificate’. The document would be provided by the and be possible to order via an automated service. The information in the work certificate would be compiled and presented in a standardised based on who the questioner is and the purpose for which the work certificate was issued. To achieve a more effective and appropriate exchange of infor- mation we propose that direct access to information between agencies be granted to a greater degree than is permitted today. This is a matter of giving the direct access to certain information held by the , the Swedish Enforcement Authority, and the if the information is necessary for the processing of applications for permits to conduct business activities under the Aliens Act or applications for, and control of, work permits under the Aliens Act. Furthermore, it is a matter of giving the population registration operations of the direct access to certain information held by the ’s taxation operations and by the . In addition, we propose that the duty of notification under the Population Registration Ordinance be expanded considerably in such a way that all agencies and municipalities must inform the as soon as there is reason to assume that any information registered in the population registry is incorrect or incomplete. Exceptions from this obligation may be possible in certain cases. To provide better conditions for the control of certain cases, we propose that the ’s population registration activities be allowed to conduct visits to the address where the individual lives, or may be assumed to live, for an assessment of population registration. In our view, to emphasise the seriousness of submitting incorrect information to the population registry, or failing to fulfil the obligation to report, a new population registration offence should be introduced. Finally, we propose that ’s mandate should be reviewed separately with the aim of providing it with a clear mandate to verify information so that its registers reflect actual circumstances to a greater degree. Measures to improve decision-making information base for paying actors The paying actors have various legal conditions with regard to verifying information that forms the basis for decisions on payments. In addition, the regulatory framework for the processing procedure is in some cases complicated and fragmented. To create a clearer and more uniform regulatory framework, we propose that the Govern- ment separately investigates the conditions for a joint procedural act for the processing of cases of compensation from welfare systems. Furthermore, in our view, the paying actor’s instructions must clearly state that they must take prevention and detection measures to reduce the risks of incorrect decisions and payments. For this to have an impact, the actors must be given appropriate and clear conditions for processing personal data. There is an immediate need to propose several concrete measures. We therefore propose that the be able to demand that assistance that has been provided incorrectly be repaid, which is not possible today. It is also our view that wage guarantee payments should be transferred from the country administrative boards, which currently process these matters, to the . Other measures to improve the material on which decisions are based include widening the duty of notification in the case of incorrect payments from welfare systems to also cover pensions. The Act will also be widened to apply to economic support decided by or Arbetsförmedlingen and which concerns a certain individual but is not paid to that person. In such a way, support that concerns a certain person but is paid to a company or other person will be covered by the Act’s scope of application. Wage guarantee payments are also lifted into the Act. The duty of notification will also be widened to apply to municipal social welfare committees as well as bankruptcy administrators, company recon- structors and . Furthermore, there is reason to improve the opportunities for obtaining insurance medicine investigations as decision-making data for . A legislative process in this area is currently under way and we want to stress that it is important to ensure that such investigations can be obtained to the extent required, for example regarding assistance allowance. Likewise, in our assessment, there is a great need for increased opportunities for other actors to be able to obtain information on legal persons and request information from banks and other financial institutions in relation to conditions that are relevant to the application of the Social Insurance Code. We are presenting proposals for such increased opportunities. The Welfare Inquiry has, among other things, presented proposals concerning authorisation and supervision regarding the actors operating in the welfare area. We believe that these proposals are also very important for counteracting the crimes in question. Arbetsförmedlingen also needs to be able to obtain information to verify submitted information to a greater extent. We therefore propose that Arbetsförmedlingen be able to request information from agencies and insurance institutions concerning both natural and legal persons in relation to conditions that are relevant to the application of the regulatory framework governing the various support available under labour market policy. Arbetsförmedlingen will also be given the right to request information from banks and other financial institutions for the same purpose with regard to individual entrepreneurs and legal persons. With regard to individual natural persons, this right will be limited to the holder of a particular account. Measures to improve the ability of law enforcement authorities to detect and prosecute crime We believe that there is reason to review the ability of law enforce- ment authorities to obtain information in intelligence operations in the case of certain types of serious crime against welfare systems. Some of the issues in this area are currently under review and we would like to emphasise the importance of particularly reviewing the conditions for obtaining information on electronic communications in intelligence operations that also concerns such crimes whose minimum penalty does not allow obtaining this information, but nonetheless can be equally as serious, extensive and advanced as those for which the Act can currently be applied. In our view, serious benefit crime is one such example. In our work, we have also identified a need to obtain information from banks and other financial institutions during the intelligence stage. Also concerning such information, the need for effective tools for intelligence gathering activities is particularly evident with regard to serious crime against welfare systems. However, this issue has been too extensive to fit within the framework of our remit, which is why it should preferably be reviewed separately. on existing cooperation, such as the inter-agency efforts against organised crime, we consider that, at this stage, there is no reason to propose specific measures aimed at developing and strengthening the cooperation between law enforcement authorities and agencies that are exposed to crime. Just like the Act on the notification obligation in the event of incorrect payments from welfare systems, we propose to extend the scope of the Benefit Crime Act to include such financial assistance decided by or Arbetsförmedlingen and which concerns an individual but is not paid directly to them. In this way, support paid to companies is also covered by the Act. Here too, the wage guarantee is brought under the scope of application of the Act. As a consequence of this expansion – that the crimes currently assessed under the fraud provision are instead assessed under the Benefit Crime Act – the scale of penalties for serious benefit crime should be tightened to a prison sentence of at least six months and at most six years to provide the conditions to enable the determination of an appropriate penalty. It is also our view that preliminary investigations of serious benefit crime should be prosecutor-led. to of the extension of scope of the application of the Benefit Crime Act, an obligation is introduced on bankruptcy administrators, company reconstructors and the Swedish Enforcement Authority to report violations of the Act with regard to the wage guarantee. Furthermore, an obligation is introduced on the to report crime related to deductions for domestic work and to report crime against the Swedish Population Registration Act. Special information on new organisation to combat crime against welfare systems In order to maintain the credibility of welfare systems and the judicial system, it is of great importance that combating crime is effective and legally secure. In our view, there is a great need for change in this area. The current system for combating crime against welfare systems is not appropriate and we therefore propose that a new unit for the investigation of benefit crime be set up outside the Swedish Authority. It should be a special unit at along the same lines as the ’s tax crime unit. Investigations into benefit crime must be organisationally separate from inves- tigations and decisions on the payment of various benefits. This reform should be gradually implemented as the skills and organi- sation are built up. Furthermore, we propose that investigations and cases concerning violations of the Benefit Crime Act continue to be handled by the Swedish Economic Crime Authority. The reason for this is that, in our view, there is a close connection between many of the crimes that the Swedish Economic Crime Authority currently handles and crime against welfare systems. We believe that the prosecutors at the Swedish Economic Crime Authority have access to broad and diverse investigative resources with skills that are well suited to investigations of qualified welfare crime. In major investigations, where there may be a need for the expertise that exists at the tax crime unit, our proposal means that prosecutors at the Swedish Economic Crime Authority are well-equipped to assemble mixed investigative teams including competence, tax law competence and investigators from the benefit crime unit. A system where prosecutors at the Swedish Economic Crime Authority lead preliminary investigations of serious benefit crime and handle cases involving violations of the Benefit Crime Act could therefore contribute to better interaction with regard to criminal investigations of tax crime and welfare crime. The Authority also has well-established intelligence operations including cutting-edge expertise in economic crime that could be of great benefit with regard to prosecuting more qualified welfare crime. Specially appointed officials at ’s benefit crime unit should be able to decide to initiate and lead preliminary investigations into violations of the Benefit Crime Act. If the matter does not prove to be of a simple nature, or if otherwise warranted, leadership of the preliminary investigation should immediately be taken over by a prosecutor. The unit is to investigate violations of the Benefits Crime Act and be able to assist prosecutors with preliminary investigations concerning other crimes if there are special grounds to do so. Furthermore, under certain specified conditions, the unit will be able to independently enforce seizures, carry out buccal swabs and participate in the searches. It will also be able to carry out ‘preliminary investigations’ and conduct intelligence operations in relation to crime against welfare systems. Violations of the Benefit Crime Act are to be reported to the benefit crime unit or prosecutors. The law enforcement tasks of are to be regulated in a new Act. Specific issues identified in the terms of reference It has been a difficult task to survey the application of trading prohibitions against business operators who have abused or overused welfare systems. The shortcoming that has been indicated is that a trading prohibition has generally not been used to the extent it should have been. We have not found any need for fundamental changes to the trading prohibition legislation. In our view, however, the conditions to be specifically taken into account in the assessment of whether a trading prohibition is warranted in the public interest should be complemented by the circumstance that the violation has involved a considerable misuse or overuse of welfare systems. Regarding the issue of a suspension period for companies that to a considerable extent have abused or overused welfare systems, we believe that this is not an appropriate sanction. Since it would in many cases not have the intended effect, such a sanction should not be introduced. The risks that we have identified in terms of approving cash payments as grounds for positive decisions on payments from welfare systems and other closely related tax-financed or tax-subsidised systems are that payments occur on incorrect grounds and that crime against welfare systems cannot be prosecuted because of evidentiary problems. It is therefore our view, as conditions for entitlement to the support covered by the ordinance on labour market policy activities, the ordinance on support for new start jobs and the ordinance on support for vocational introduction employment, that provisions be introduced to the effect that wage disbursements must be made using traceable means of payment during the entire period support is paid. We also propose the introduction of a condition for entitlement to tax deductions for domestic services and repairs, maintenance and improvement which entails that payment for the work that can form the basis of an entitlement to a tax deduction must have taken place using a traceable means of payment. A ‘traceable means of payment’ is payment that is made through an electronic procedure where it is possible to demonstrate that a payment of a specific sum has been made by a specific payer to a specific payee at a specific time. Finally, we have been instructed to conduct an initial analysis of the advantages and disadvantages associated with a coordinated payment function for payments from welfare systems to determine whether there are grounds for further consideration of such a function. Our analysis has been based on a comparison with the central payment systems in and . In our view, there are major advantages to coordinating payments from welfare systems to a greater degree and to establishing a coordinated central gover- nment payment function. This function should be combined with strengthened payment checking. Subjecting all payments of benefits from welfare systems to such a function would create the conditions for the introduction of automated checks to detect both intentional and unintentional errors. Furthermore, such coordination would make it possible to conduct comprehensive risk analyses and selection, which would lead to more coherent and consistent monitoring of payments from all welfare systems. lag (2018:000) om brottsbekämpande verksamhet Härigenom föreskrivs följande. 1 § verksamhet enligt denna lag omfattar utred- ningar om brott enligt bidragsbrottslagen (2007:612). 2 § får fatta beslut om att inleda förundersökning enligt 23 kap. angående brott enligt bidragsbrotts- lagen (2007:612). De befogenheter och skyldigheter som undersök- ningsledaren har enligt gäller, med de begränsningar som framgår av tredje stycket, i sådant fall . För- säkringskassan ska förordna särskilda befattningshavare att fullgöra myndighetens uppgifter enligt denna lag. Har förundersökning inletts av och är saken inte av enkel beskaffenhet, ska ledningen av förundersökningen övertas av åklagare så snart någon skäligen kan misstänkas för brottet. Åklagaren ska även annars överta ledningen, när detta är påkallat av särskilda skäl. får besluta om tvångsmedel endast i den mån det följer av 4 och 5 §§. 3 § När en förundersökning leds av åklagare, får åklagaren anlita biträde av för undersökningens verkställande. får medverka vid undersökning också i fråga om annat brott än som anges 1 §, om sådan undersökning leds av åklagare och denne finner att det finns särskilda skäl för det. Åklagaren får begära biträde av också i fråga om utredning av brott innan förundersökning har inletts. 4 § får besluta om och verkställa beslut om beslag enligt 27 kap. 1 § i de fall våld mot person inte behöver användas. 5 § får besluta om och verkställa beslut om kroppsbesiktning enligt 28 kap. 12 a § i de fall våld mot person inte behöver användas. 6 § Om husrannsakan verkställs av en polisman, får åklagaren uppdra åt att medverka vid förrättningen. För- säkringskassan får då genomsöka de utrymmen som är föremål för husrannsakan. Förebygga, förhindra och upptäcka brottslig verksamhet 7 § verksamhet enligt denna lag omfattar, utöver vad som föreskrivs i 2–6 §§, även att förebygga, förhindra och upptäcka brottslighet som avses i 1 § . Denna lag träder i kraft . lag om ändring i socialförsäkringsbalken Härigenom föreskrivs att 110 kap. 31 och 33 §§ socialförsäkrings- balken ska ha följande lydelse. Myndigheter, arbetsgivare och Myndigheter, arbetsgivare och personlig assistans samt för- personlig assistans samt för- verket och allmän förvaltnings- verket och allmän förvaltnings- domstol uppgifter som avser en domstol uppgifter som avser en namngiven person när det gäller namngiven person när det gäller förhållanden som är av betydelse förhållanden som är av betydelse för tillämpningen av denna balk. för tillämpningen av denna balk. ska, i fråga om samma förhållan- den, också uppgifter som avser en juridisk person lämnas. Arbetsgivare och uppdragsgivare är även skyldiga att lämna sådana uppgifter om arbetet och arbetsförhållandena som behövs i ett ärende om arbetsskadeförsäkring. 1 Senaste lydelse 2012:935. Banker och andra penning- Banker och andra penning- inrättningar ska på begäran lämna inrättningar ska på begäran lämna uppgifter enligt 31 § enligt 31 § första förvaltningsdomstol i ärenden om bidrag och bostadstillägg. Denna lag träder i kraft . Bestämmelserna i 8–30 §§ gäller inte Kronofogdemyndig- hetens exekutiva verksamhet och inte heller , Säkerhetspolisens, åklagarmyn- digheternas, , Tull- verkets, eller brottsbekäm- pande verksamhet. lag om ändring i förvaltningslagen (1986:223) Härigenom föreskrivs att 32 § förvaltningslagen (1986:223) ska ha följande lydelse. Bestämmelserna i 8–30 §§ gäller inte Kronofogdemyndig- hetens exekutiva verksamhet och inte heller , Säkerhetspolisens, åklagarmyn- digheternas, , Tull- verkets eller brottsbekämpande verksamhet. Denna lag träder i kraft . 2 Senaste lydelse 2014:630. lag om ändring i folkbokföringslagen (1991:481) Härigenom föreskrivs i fråga om folkbokföringslagen (1991:481) att det införs fyra nya paragrafer, 22 §, 32 a §, 42 § och 43 §, och närmast före 42 § en ny rubrik med följande lydelse. får även av andra skäl än de som anges i 19–21§§ avregistrera ett personnummer från folkbokföringen om den registre- rade uppgiften är uppenbart fel-