What Does the South Carolina Attorney General Do?

The South Carolina Attorney General is the state’s chief legal officer: the office represents South Carolina in court, advises the Governor and other state officials on questions of law, prosecutes certain complex and multi-county crimes, enforces the state’s securities laws, runs crime victim compensation, and negotiates multistate settlements that bring money back to the state. It is not, however, the office that handles an individual consumer’s complaint against a business.

The position is established by Article VI of the South Carolina Constitution, and its day-to-day powers come from Title 1, Chapter 7 of the South Carolina Code of Laws.1Justia. South Carolina Code Article VI – Officers The Attorney General is elected to a four-year term that runs with the Governor’s.

Representing and Advising State Government

Under state law, the Attorney General appears for South Carolina in the Supreme Court and Court of Appeals in all criminal and civil cases where the state is a party or has an interest, and can be directed by the Governor or either branch of the General Assembly to appear in any other court. The office also advises the Governor, legislators, the Secretary of State, the State Treasurer, and other state officers on legal questions tied to their official duties.2South Carolina Legislature. South Carolina Code 1-7 – Attorney General and Solicitors

The office defends state employees and officers who are sued for actions taken in good faith during their employment, and can file counterclaims on their behalf. In practice, that makes the Attorney General the default litigator for virtually any lawsuit involving state government, from constitutional challenges to employment disputes.

Criminal Prosecutions the Office Handles

Most criminal cases in South Carolina are prosecuted by county solicitors. The Attorney General steps in for cases that are too complex or too widespread for a single county to handle, chiefly through the State Grand Jury. Its jurisdiction covers narcotics conspiracies, public corruption, securities fraud, money laundering, human trafficking, environmental crimes, election fraud, computer crimes, and criminal gang activity.3South Carolina Attorney General. State Grand Jury Human trafficking cases that cross county lines can also be prosecuted through the State Grand Jury.4South Carolina Legislature. South Carolina Code 16-3-2020 – Trafficking in Persons

Internet Crimes Against Children

The office coordinates the Internet Crimes Against Children (ICAC) Task Force, a network of more than fifty local, state, and federal agencies working online child exploitation cases. The task force investigates child pornography and criminal solicitation of minors, builds forensic tools, trains law enforcement, and runs community internet-safety programs for parents, educators, and children. Partners include the National Center for Missing and Exploited Children, SLED, the FBI, and Homeland Security Investigations.5South Carolina Attorney General. Internet Crimes Against Children

Medicaid Fraud and Patient Abuse

The Medicaid Fraud Control Unit investigates two kinds of cases. Provider fraud covers billing for services never rendered, billing for more expensive treatment than was given, kickbacks for referrals, and inflated nursing home cost reports. Patient abuse covers physical harm, neglect, and financial crimes such as theft of a patient’s money at any facility that receives Medicaid funding, even when the specific victim is not a Medicaid recipient.6South Carolina Attorney General. Medicaid Fraud

A provider convicted of Medicaid fraud faces a Class A misdemeanor carrying up to three years in prison and a fine of up to one thousand dollars per offense. On the civil side, the Attorney General can recover three times the overpayment plus a two thousand dollar penalty for each false claim submitted.7South Carolina Legislature. South Carolina Code 43-7-60 – False Claim, Statement, or Representation

Securities Enforcement

By statute, the Attorney General also serves as South Carolina’s Securities Commissioner and administers the South Carolina Uniform Securities Act in Title 35.2South Carolina Legislature. South Carolina Code 1-7 – Attorney General and Solicitors The Securities Division investigates investment fraud and enforces the Act against people and firms that harm South Carolina investors.8South Carolina Attorney General. Securities

Enforcement tools include cease-and-desist orders, suspension or revocation of broker-dealer and investment adviser exemptions, and civil penalties of up to ten thousand dollars per violation. If a person ignores an order, the Securities Commissioner can petition a court to enforce it, and the court can add penalties of five hundred to five thousand dollars for each act of contempt.9South Carolina Legislature. South Carolina Code 35-1-604 – Administrative Enforcement Suspected investment fraud can be reported through the Securities Division’s online complaint form.

Public Corruption and Ethics

The Public Integrity Unit is a joint effort of the Attorney General’s office, SLED, the Department of Revenue, the State Ethics Commission, and the Inspector General. It investigates and prosecutes criminal violations of the public trust and enforces state ethics laws, pooling resources across agencies for cases that no single office could efficiently pursue alone.10South Carolina Attorney General. Wilson Announces Plans for Public Integrity Unit

Help for Crime Victims

The Department of Crime Victim Compensation, housed within the office, reimburses eligible victims for medical and dental care, counseling, lost wages, funeral and burial expenses, and limited transportation costs tied to their injuries. It operates as a fund of last resort, meaning it pays only after insurance, restitution, and other benefits have been used up.11South Carolina Attorney General. Crime Victim Compensation

Formal Legal Opinions

The Attorney General issues written opinions interpreting state statutes and constitutional provisions. Only certain people can request one: the Governor, members of the General Assembly, other elected officials, state agencies, and people appointed to boards and commissions.12South Carolina Attorney General. Opinions A member of the public who wants an interpretation of a state law can ask a local state legislator to request an opinion on their behalf.

These opinions attempt to resolve the question the way a court would. They are not binding like a court ruling, but courts treat them as persuasive, and state agencies that follow them have strong legal cover. Past opinions are searchable on the office’s website.

Multistate Settlements

The Attorney General represents South Carolina in nationwide litigation that has produced some of the largest financial recoveries flowing into the state. On opioids, the office has secured more than $256 million from manufacturers, distributors, and pharmacy chains, with the Purdue Pharma/Sackler settlement adding roughly $72.8 million paid over fifteen years. The office expects total opioid recovery to exceed three-quarters of a billion dollars over time, with the money directed to treatment and prevention programs.13South Carolina Attorney General. Attorney General Alan Wilson Announces Purdue/Sackler $7.4 Billion Opioid Settlement Goes Into Effect

The office also enforces the Tobacco Master Settlement Agreement, working with the National Association of Attorneys General to make sure tobacco companies make their annual payments and comply with public health restrictions.14National Association of Attorneys General. The Master Settlement Agreement

What the Office Does Not Do: Individual Consumer Complaints

This is where people most often send a complaint to the wrong place. The Attorney General’s Consumer Protection and Antitrust Division does not take individual complaints against businesses. Those go to the South Carolina Department of Consumer Affairs at consumer.sc.gov, which is a separate agency.15South Carolina Attorney General. Consumer Protection and Antitrust

What the Attorney General’s division does handle is large-scale unfair or deceptive trade practice cases: fraudulent pharmaceutical marketing, deceptive billing schemes, price collusion by competing manufacturers, and similar matters affecting consumers statewide. Those cases are brought in state or federal court, sometimes alone, sometimes with other states, sometimes with outside counsel. The division also handles charitable trust matters and administers the South Carolina Solicitation of Charitable Funds Act.

How to Reach the Office

The Attorney General’s office is based in Columbia. The main phone number is 803-734-3970, and the mailing address is P.O. Box 11549, Columbia, S.C. 29211. The office website at scag.gov hosts online complaint forms for securities fraud, the opinions archive, and information on each division.16South Carolina Attorney General. Contact Us For a dispute with an individual business, start with the Department of Consumer Affairs instead.