Leaver described Duke's job with the state agency as a secretarial position. The computer records Duke is accused of accessing concern a case that was "outside the scope of her employment,” according to a sworn affidavit filed by Christopher Comer, an agent within DHS' Office of Inspector General. Comer said records indicate Duke accessed the records on June 23, 2009, and Aug. 4, 2009. When questioned about her actions in April, Duke "provided materially false verbal and written statements,” Comer said. Unlawful use of a computer is a felony punishable by up to 10 years in prison and a fine of $5,000 to $100,000. Providing a false statement during a state investigation is a misdemeanor punishable by imprisonment for up to 1 year and a fine of not more than $500.
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