Protection from false claims OK'd for police, corrections employees

Someone who files a false record, such as one not related to a valid lien or security agreement, with intent to retaliate against a judicial or court officer, prosecutor, defense attorney, sheriff and county recorder because of their performance of official duties could receive up to five years imprisonment. 

Rep. Tony Cornish

Sponsored by Rep. Tony Cornish (R-Vernon Center) and Sen. Julianne Ortman (R-Chanhassen), HF1585/SF1360* would add to the list a police officer or chief and a corrections official or employee.

Passed 132-0 by the House Friday, the bill now goes to the governor. The Senate passed it 55-1 May 12.

Speaking on behalf of the Minnesota Chiefs of Police Association, St. Paul Police Commander Ken Reed told the House Judiciary Finance and Policy Committee March 25 that people shouldn’t have to face fraudulent claims just for doing their job.

“Disaffected criminals use fraudulent legal filings and encumbrances to harass, intimidate and retaliate against public officials, law enforcement and others, he said. “For example, extremists may illegally file an IRS Form 1099 against an officer or official claiming that they made large amounts of income in the belief that such a filing will cause the IRS to audit the individual.”

However, more common is the filing of fraudulent liens on the property of their perceived enemies. Filing a lien costs $25.

Targets are often not aware of the lien until they try to sell their home or refinance their mortgage and find they are facing bogus claims.

“These actions are disheartening and disrupting to the affected individuals and their families. It can take countless hours of work to undo the damage caused by false filings and it may take months or years to restore a credit rating,” Reed said.

Cari Gerlicher, director of the Corrections Department investigative unit, told the House Public Safety Finance and Policy Committee March 18 that the department has been battling “these paper terrorism liens on staff and administrators” for more than a decade.

She said two wardens had liens filed on them about seven months ago, and have not been able to yet have them removed from their financial credit system.

“It’s senseless; they have no value to them whatsoever,” Gerlicher said. “There’s no reason for these liens to be filed.”