120. What should you do if you are told to go to a Bureau of Special Investigations (BSI) interview?

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Massachusetts Law Reform Institute

If DTA thinks you were overpaid because of your mistake or because you committed fraud, it may refer your case to the Bureau of Special Investigations (BSI). 106 C.M.R. § 706.240. DTA may also refer applications to BSI if the worker thinks you are lying about something.

BSI does not usually reach out to families directly. But, if you get a letter from BSI, it is important to take it seriously and call Legal Services right away.

In a letter BSI, may tell you they think you have committed fraud and ask you to meet with them for an interview. Sometimes this letter is titled “Opportunity to Interview for Civil Recovery Disposition.” You do not have to go to the interview. The interview can be in person or by Zoom. It may not be helpful to go to a BSI interview. However, if you do not cooperate with BSI, it is possible BSI could ask a criminal prosecutor to bring a fraud case against you in court.

If you do go to a BSI interview, you have the right to remain silent. Anything you say can be used against you

It is important to consult with an advocate at your local legal services program, Appendix D: Massachusetts Legal Services Offices, before you say anything. It may be best to remain silent even if you have not done anything wrong. You do not have to give BSI names of people to talk to.

An investigation from BSI does not impact your DTA benefits unless there is a finding of fraud (from a court) or you voluntarily sign what is called a “civil recovery agreement.” It may not be a good idea to sign one of these agreements. Contact legal services if you hear from BSI. Do not sign anything unless you are willing to disqualify yourself from benefits. And do not sign anything unless BSI has shown you how it calculated the overpayment, you are sure that all the calculations are correct, and you agree with everything in the statement you are signing. Do not agree to a repayment schedule that you will not be able to keep or that will cause your family hardship. If you are unsure, contact your local legal services program, Appendix D: Massachusetts Legal Services Offices, for advice.


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