This unit is under the Office of the Attorney General and has the ability to investigate, prosecute, work with other agencies (ethical bodies and law enforcement) and is empowered to establish a whistleblower program. This is all very good progress. The general assembly had to push it through House Finance and get it approved/voted on at the floor session (our state closed the fiscal year June 30th and started FY12 on July 1st). However, they did fund the unit, its staff and establish it. The legislative findings went like this:

CHAPTER 42-9.4
Public Corruption and White Collar Crime Unit
42-9.4-1.1 Legislative Findings - The general assembly hereby finds and declares that:
(1) Government Integrity is the backbone of efficient and effective state and municipal governments
(2) Abuse of the public trust erodes the public's confidence in public servants, as well as undermines the ability of government to work toward the public good.
(3) Recent and historical cases of the abuse of public trust has had a negative impact on the operation of state and municipal government and the state's economy.
(4) All citizens of Rhode Island heave the right to open, honest and ethical government
(5) The public needs an advocated to ensure that the policy goals and laws established to protect Rhode Islanders from abuse of the public trust are enforced
(6) In order to provide a safeguard against abuses of the public trust by public servants, the general assembly finds it necessary to establish a public corruption and white collar crime unit within the department of attorney general.

Public CorruptionLINK

Corruption has proven that it never sleeps in Rhode Island. We cannot continue down a path that adds to the cynicism about our elected officials. We must take action to restore public trust in our government and end the corruption that has plagued our state.

Attorney General Kilmartin will permanent codification of the Office’s Public Corruption Unit. Currently, public corruption cases are handled by the “White Collar Crime Unit” within the Criminal Division of the Office.

By having a Unit solely devoted to public corruption, there can be new focus on corruption at all levels – whether or not the acts are criminal in nature. Attorney General Kilmartin believes we need to focus on criminal behavior, in addition to the pursuance of acts that are in violation of the public trust - specifically where damages are incurred to Rhode Island taxpayers.

The “Public Corruption Unit” will include two attorneys - one designated to civil matters and one focused on criminal prosecution. The “Public Corruption Unit” will work in conjunction with the Rhode Island State Police, local law enforcement, the Bureau of Audits, the United States Attorney’s Office, the Ethics Commission, Supreme Court Disciplinary Counsel for Attorneys and the Auditor General.

The “Public Corruption Unit” will be a part of Kilmartin’s “Legislative Corruption Package,” aimed at enhancing penalties against those that violate the public trust. His “Legislative Corruption Package” will also include a bill aimed at enhancing penalties against “pay to play” practices and criminalizing the “theft of honest services.”

Kilmartin’s “pay-to-play” legislation will bar companies from donating to those persons who are responsible for awarding specific government contracts; this includes state and local officeholders or candidates for those offices. The donation ban would last throughout the bidding process, and, if, the contract is awarded, the ban remains in effect for two years after the contract terminates.

The “theft of honest services” legislation would make it unlawful, for any public servant to fraudulently engage in, or attempt to engage in, conduct that deprives the public of honest services. Those actors found in violation would be guilty of a felony and subject to imprisonment of up to ten (10) years and a fine of up to one hundred fifty thousand dollars ($150,000), or both. The act would also extend the statute of limitations for wrongful conversion by officer or state or municipal employees, R.I.G.L. §11-41-27, from three (3) to ten (10) years. Attorney General Kilmartin will ensure that this proposal is consistent with the newfound Supreme Court precedent (Skilling vs. United States, 561 U.S. (2010)) and amend the proposal as necessary.