Criminal Defense Lawyers

Welfare Fraud

Welfare fraud, is a serious offense, that can have severe consequences. But, you don’t need to panic. This comprehensive guide will walk you through everything you need to know about welfare fraud, from understanding the laws and penalties, to building a strong defense strategy.

What is Welfare Fraud?

Welfare fraud occurs when someone intentionally provides false information, or withholds important details, in order to receive government assistance they are not eligible for. This can include lying about income, household size, assets, or any other factors that determine eligibility for programs like:

• CalWORKs
• CalFresh (food stamps)
• General Relief
• Medi-Cal
• Head Start
• WIC (Women, Infants, and Children program)

It’s important to note that simply making an honest mistake on an application does not constitute fraud. The key element is the intent to deceive.

Common Types of Welfare Fraud

There are several common ways welfare fraud can occur:

Failing to Report Income or Assets

This, is one of the most prevalent forms of fraud. The recipient fails to disclose a new job, inheritance, lottery winnings, or other sources of income or assets that would impact their eligibility. 15

Falsely Claiming Dependents

Inflating the number of dependents in the household can result in higher benefit amounts. This includes failing to report when a child moves out or becomes an adult. 5

Trafficking Benefits

Selling food stamps (EBT cards) or exchanging them for cash is considered trafficking, and is a serious federal offense. 56

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Concurrent Assistance

Receiving benefits from multiple states simultaneously by using different addresses is illegal. 5

Identity Fraud

Using a false identity, someone else’s personal information, or collecting benefits under multiple names constitutes identity fraud related to welfare programs. 56

Penalties for Welfare Fraud in California

The penalties for welfare fraud in California can be severe, ranging from fines and repayment of benefits to jail time. The specific consequences depend on factors like:

• The amount of benefits obtained fraudulently
• Whether the fraud involved EBT/electronic benefits
• The defendant’s criminal history

Misdemeanor Penalties

For smaller amounts of improperly obtained benefits, welfare fraud may be charged as a misdemeanor. Potential penalties include: 67

• Up to 6 months in county jail
• Fines up to $500
• Repayment of fraudulently obtained benefits
• Disqualification from future benefits

Felony Penalties

If over $950 in benefits were fraudulently obtained, or the case involves aggravating factors like EBT fraud, charges will likely be filed as a felony. Felony penalties can include: 67

• 16 months, 2 years or 3 years in county jail
• Fines up to $5,000
• Repayment of benefits
• Permanent disqualification from benefits
• Additional prison time for large-scale EBT/electronic fraud

For example, fraudulently trafficking over $2.5 million in EBT benefits carries an additional 4 year prison sentence. 7Beyond criminal penalties, welfare fraud convictions can also result in:

• Loss of professional licenses
• Deportation for non-citizens
• Difficulty finding employment due to criminal record

The consequences are severe, which is why building a strong legal defense is crucial if accused of welfare fraud.

Common Defenses Against Welfare Fraud Charges

An experienced criminal defense attorney can analyze the specifics of your case and develop a strategy tailored to your situation. Some common defense arguments include:

Lack of Intent

The prosecution must prove beyond a reasonable doubt that you intentionally committed fraud. Your lawyer may argue:

• You made an honest mistake on forms
• You misunderstood reporting requirements
• You forgot to update your information after a change 7

Insufficient Evidence

If the evidence against you is lacking or circumstantial, your attorney can argue there is insufficient proof to sustain a conviction. 7

Entrapment

In rare cases where an undercover investigator induced you to commit fraud, an entrapment defense may apply.

Negotiating for Reduced Charges

Depending on the amount fraudulently obtained and your criminal history, your lawyer may be able to negotiate for reduced charges or alternative sentencing options like:

• Pretrial diversion programs
• Deferred entry of judgment
• Paying full restitution to have charges reduced or dismissed 67

The strength of your defense will depend heavily on the specific facts of your case and the skill of your legal counsel.

How Welfare Fraud Cases Are Investigated and Prosecuted

Understanding the process can help you protect your rights if accused of welfare fraud.

The Investigation

Welfare fraud cases often begin with an anonymous tip to a fraud hotline or referral from a social services agency. Investigators will then: 67

• Interview the alleged recipient and those close to them
• Conduct surveillance or unannounced home visits
• Subpoena financial records, employment information, etc.
• Coordinate with other agencies if related issues like child abuse are uncovered

If sufficient evidence of fraud is found, the case will be presented to prosecutors.

Filing Charges

A prosecutor will review the evidence to determine if charges should be filed under California Welfare & Institutions Code 10980 and related statutes. Charges are often pursued if over $1,000 in benefits were fraudulently obtained. 6For smaller amounts, prosecutors may allow entry into a pretrial diversion program if you agree to pay full restitution and plead guilty. This allows you to avoid a conviction on your record.

The Court Process

If charges are filed, you will be arrested, arraigned, and given the opportunity to enter a plea. Experienced defense counsel is critical at this stage to:

• Argue for affordable bail or release on your own recognizance
• Negotiate for reduced charges or an alternative sentencing program
• Prepare for trial if no acceptable plea deal can be reached

A strong defense can make the difference between a life-altering felony conviction and having charges reduced or dismissed entirely.

Hiring the Right Welfare Fraud Attorney

Being accused of welfare fraud is an incredibly stressful situation. But, you don’t have to face it alone. The right criminal defense lawyer can guide you through the process and fight to protect your rights.At Spodek Law Group, our seasoned attorneys have successfully defended countless welfare fraud cases. We understand how overwhelming these charges can feel, which is why we take a hands-on, personalized approach tailored to your unique circumstances.Our firm leaves no stone unturned in building a strategic defense. We:

• Conduct thorough independent investigations
• Analyze all evidence against you
• Identify any prosecutorial missteps or civil rights violations
• Leverage our extensive trial experience to fight for the best possible outcome

We also encourage full transparency from our clients. The more we know about your situation, the stronger the defense strategy we can devise.