State Ex Rel. Ginsberg v. Naum

HARSHBARGER, Justice:

Department of Human Services Commissioner Ginsberg petitioned this Court to mandamus Ohio County Prosecuting Attorney Dennis Naum, to prosecute cases of welfare fraud, violations of W.Va.Code, 9-5-4, * brought to Naum’s attention in detailed reports submitted by the department’s investigators.

The investigators had given Naum twenty-one completed reports. He presented the first ease to a grand jury, but the indictment was later dismissed because its form was wrong. He never again pursued that case. DHS then gave Naum five additional reports. He agreed to cooperate with any…