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:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You received public assistance benefits for two years while failing to report income from a cash-paying job, and the total overpayment exceeds $1 million. Investigators from the Department of Social Services have now contacted you and want to schedule an interview about discrepancies in your benefits history.

What am I facing if they charge me with welfare fraud in the first degree under NY Penal Law § 158.25?

Attorney's Answer

Welfare fraud in the first degree under NY Penal Law § 158.25 is a Class B felony, which means you could face up to 25 years in state prison if convicted. This charge applies when the value of the fraudulently obtained public assistance benefits exceeds $1 million, making it the most serious welfare fraud offense in New York. You should not speak with investigators or attend any interview without an attorney present, as anything you say can be used to build the case against you. An experienced defense attorney can examine whether the amount was properly calculated, challenge the evidence of intent to defraud, and explore options such as restitution agreements that may help mitigate the charges.

This is general information only. Contact us for advice specific to your situation.

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