Welfare Fraud Charges and Penalties in Pennsylvania

Welfare Fraud Charges and Penalties in Pennsylvania

Welfare fraud is a big issue in Pennsylvania. Lots of folks get charged with it every year. The state wants to crack down on people taking advantage of welfare programs. But they also want to help people who need it. It’s a tricky balance. This article will break down the laws, penalties, and defenses for welfare fraud charges in PA.

What is Welfare Fraud?

Welfare fraud happens when someone lies or hides information to get benefits they aren’t eligible for. The main programs this happens with are:

• Cash Assistance
• SNAP (food stamps)
• Medical Assistance
• Subsidized Child Care

Folks usually commit fraud by:

• Not reporting income
• Hiding assets like cars or property
• Claiming fake expenses
• Letting someone else use their EBT card

It’s illegal to get benefits you don’t qualify for. But many cases are honest mistakes or misunderstandings. The laws can be confusing. And people’s situations change a lot.

Who Investigates Welfare Fraud?

In Pennsylvania, welfare fraud is mainly investigated by two agencies:

• The Office of State Inspector General (OSIG)
• The Office of Attorney General

These offices do audits and reviews of welfare applications. They follow up on fraud tips and complaints too. Local district attorneys sometimes get involved in bigger cases.

Welfare Fraud Penalties

If you’re charged with welfare fraud, the penalties depend on a few things:

• The amount of benefits involved
• If you have prior offenses
• The specific program defrauded

Let’s break it down by program:

Cash Assistance Fraud

For Cash Assistance (also called TANF), the grades and penalties are:

• 1st offense – Disqualification for 6 months
• 2nd offense – Disqualification for 24 months
• 3rd offense – Permanent disqualification

You’ll also have to pay back any benefits received improperly. And you could face criminal charges.

SNAP Fraud

For SNAP (food stamps), the criminal penalties are:

• $1,000 or less: Misdemeanor 3rd degree
• $1,000-$2,500: Misdemeanor 2nd degree
• Over $2,500: Felony 2nd degree

The grades for SNAP are:

• 1st offense – Disqualification for 12 months
• 2nd offense – Disqualification for 24 months
• 3rd offense – Permanent disqualification

You’ll have to repay any improper benefits. And do community service or probation too.

Medical Assistance Fraud

For Medical Assistance, the criminal penalties are:

• Less than $1,000: Misdemeanor 3rd degree
• $1,000-$2,500: Misdemeanor 2nd degree
• Over $2,500: Felony 2nd degree

The grades are:

• 1st offense – Disqualification for 6 months
• 2nd offense – Disqualification for 12 months
• 3rd offense – Permanent disqualification

You’ll have to pay back any improper benefits too.

Subsidized Child Care Fraud

For Child Care Works and other child care programs, it’s:

• 1st offense – Disqualification for 12 months
• 2nd offense – Disqualification for 24 months
• 3rd offense – Permanent disqualification

Repayment of benefits and criminal charges also apply.

Recent Welfare Fraud Cases

Pennsylvania often does big sweeps arresting many people for welfare fraud. Here are some recent cases:

• In September 2022, 53 people were charged in a statewide sweep. They allegedly stole over $500,000 in benefits.
• In August 2022, 43 people were charged in another sweep. The total alleged fraud was over $350,000.
• A Lancaster County woman was charged with $235,000 in welfare fraud in January 2022.
• A Delaware County man was charged with $87,000 in welfare fraud in January 2022.

These cases show Pennsylvania is serious about catching welfare cheats. But many defendants claim they didn’t intend to commit fraud.

Defenses to Welfare Fraud

Folks charged with welfare fraud have a few defenses they can raise. Here are some common ones:

• Lack of intent – If you can show you didn’t mean to commit fraud, it helps your case. For example, you immediately reported a change in income.
• Misunderstanding – The welfare rules are super confusing. You may have made an honest mistake in reporting something.
• Addiction – Drug or alcohol addiction can impact your ability to manage your benefits properly.
• Domestic violence – An abusive partner may have forced you into the fraud.
• Mental illness – Conditions like depression may have made it hard to comply with the rules.

A skilled defense lawyer can evaluate if any of these apply in your case. They may be able to get the charges reduced or dismissed.

Avoiding Welfare Fraud Investigations

The best way to avoid a welfare fraud charge is being super careful with your benefits. Here are some tips:

• Read all the rules and notices you get about reporting requirements.
• Report any changes in income, assets, household size, etc right away.
• Keep good records of what you report and submit to the welfare office.
• Follow the rules on what you can or can’t purchase with benefits.
• Don’t let other people use your EBT card or benefit numbers.

If you do get contacted about potential fraud, don’t panic. Be cooperative with investigators. Answer their questions honestly. Explain any mistakes or confusion you may have had. Don’t get defensive or angry. Stay calm and polite.

Ask for details on what they think you did wrong. Review any documents they show you. Make sure you fully understand what their allegations are before responding.

If they claim you failed to report something, show them any letters or forms where you did report it. Bring paystubs, bills, or other proof to back up your statements.

If it seems they are right about an error or omission, apologize and take responsibility. Offer to repay any improper benefits received. Negotiate a reasonable payment plan if needed.

You can also get an attorney to help represent you in discussions with investigators. They can advise you on the best approach to take. Having a lawyer doesn’t mean you are guilty, it just protects your rights.

Cooperating with a welfare fraud investigation, even if you are innocent, can help resolve the issue faster. Don’t ignore inquiries or subpoenas from investigators. That will just raise more suspicions.

Being open and honest gives you the best chance of clearing up any misunderstandings. If penalties are warranted, your cooperation can help reduce their severity.