Brooklyn Welfare Fraud Lawyers

What is Welfare Fraud?

Welfare fraud happens when you intentionally defraud the government to receive welfare services or payments. Welfare fraud is often committed by individuals, but employees of welfare systems can also do it. In most cases, there is no intention to defraud the government. You may forget to include a part-time job or a change in your living situation. For instance, you can easily omit a decrease in the amount you pay for rent. If you face an accusation of welfare fraud, you should not overlook the charge. A seemingly minor charge can become a huge legal battle. Always consult with a welfare fraud lawyer.

There are several acts that constitute welfare fraud, the most common ones include: failure to report that a child has left home, failure to disclose extra income, making false statements, using fake identification, claiming to be someone you are not, intentionally collecting benefits in more than one state and any other actions that can be deemed as fraudulent.

Criminal Welfare Fraud Defense

Several possible defenses be applied in welfare fraud cases. The defense lawyer will analyze the facts of the case and decide on the best course of action. For a successful conviction, the prosecutor must prove beyond reasonable doubt that your actions were not a mistake. Some of the tried and tested defenses include:

DEFENSE TEAM SPOTLIGHT

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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.

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Legal Scenario: What Would You Do?

Scenario

You received public assistance benefits in Brooklyn while working a part-time cash job that you never reported to the Department of Social Services. Now an investigator from the Brooklyn DA's office has shown up at your door saying they want to discuss discrepancies in your benefits case.

Can I really be charged with a crime just for not reporting extra income while receiving public assistance?

Attorney's Answer

Yes, failing to report income while receiving public assistance can be prosecuted as welfare fraud under New York Social Services Law §145 and Penal Law §158, which specifically addresses welfare fraud in varying degrees based on the dollar amount involved. If the unreported benefits exceed $1,000, you could face a felony charge of Welfare Fraud in the Fourth Degree under PL §158.10, carrying up to four years in prison. Do not speak with investigators without an attorney present, as anything you say can be used to establish the intent element of the charge. An experienced Brooklyn welfare fraud lawyer can review your case for possible defenses, including lack of intent to defraud, and may be able to negotiate a repayment agreement or reduced charges.

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

Criminal Intent

Criminal intent is important to prove fraud. You stand to face conviction if the prosecutor can prove that you maliciously intended to defraud the government. The good thing is that criminal motive is not easy to prove. The defense lawyer can cast doubt on the prosecutor’s arguments. For instance, one can argue that you forgot to update your status and you had no intention to commit fraud per se.

Lack of Criminal Purpose