White v. State of Montana, 2013 MT 187 When Montana State Fund referred a claimant’s case to the Department of Justice for possible prosecution after an investigation revealed that the claimant was receiving wage-loss benefits while also receiving remuneration for work performed, it acted pursuant to its statutory duty.  The act of providing information to authorities, without more, is not actionable in a malicious prosecution claim.

Montana State Fund v. Simms [12/29/10] 2010 MTWCC 41 Section 39-71-211(1), MCA, provides that State Fund shall establish a fraud unit.  In 1993, the fraud unit was designated as being a “criminal justice agency” as defined in § 44-5-103(7)(b), MCA, pursuant to Executive Order.  Although State Fund maintains that only “an exceedingly small part” of the unit’s activities deal with criminal investigations, this does not somehow negate the designation of the Fraud Group as a criminal justice agency.