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A Special Investigations Unit Report Regarding The State Kids Insurance Program

July 2004

Report Number 04-045

Overall Conclusion

The Public Integrity Unit of the Travis County District Attorneys Office obtained an indictment on June 16, 2004, after the State Auditors Office Special Investigations Unit investigated allegations that Tosan M. Eruwayo, an employee of the Texas Commission on Environmental Quality (Commission) submitted false information on applications for the State Kids Insurance Program (SKIP). The Commission requested the investigation of these allegations. Mr. Eruwayos family was approved for SKIP benefits based on the allegedly false information, and the State paid $2,858.88 in insurance premiums on behalf of Mr. Eruwayo based on this information.

Mr. Eruwayo was indicted on one count of theft and two counts of tampering with governmental record. The one count of theft is a third-degree felony, which carries a maximum penalty of 10 years in prison and a $10,000 fine. The theft count includes a public service enhancement [Penal Code, Section 31.03(f)(1)] because Mr. Eruwayo was alleged to have appropriated the funds during the course of his employment as an accountant for the Commission. The two counts of tampering with governmental record are state-jail felonies and each carry a maximum penalty of two years in a state jail and a $10,000 penalty.

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