NY Penal Law § 158.25: Welfare Fraud in the First Degree.

Understanding Welfare Fraud in New York

Because of the amount of welfare fraud that occurs, law enforcement has focused an increasing amount of resources to identifying and prosecuting those who receive public assistance benefits based on fraud. Welfare fraud is the crime of receiving public assistance benefits based on some type of fraudulent act, such as making false statements on an application for benefits, not reporting the receipt of another type of benefit such as workers compensation, or failing to report income. It is a type of theft.

The Five Welfare Fraud Offenses

There are five welfare fraud offenses in New York. The particular charge you would face is based on the dollar amount of public assistance benefits you are accused of stealing from the government. Welfare fraud in the first degree is the most serious welfare fraud offense.

Elements of Welfare Fraud in the First Degree

You could be prosecuted under New York Penal Law section 158.25 for welfare fraud in the first degree if you:

1. Knowingly committed a fraudulent welfare act, and
2. The value of the benefit funds you received from your activity was greater than $1,000,000