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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.
Contents
- 1 What is Welfare Fraud?
- 2 Common Types of Welfare Fraud
- 3 Failing to Report Income or Assets
- 4 Falsely Claiming Dependents
- 5 Trafficking Benefits
- 6 Concurrent Assistance
- 7 Identity Fraud
- 8 Penalties for Welfare Fraud in California
- 9 Misdemeanor Penalties
- 10 Felony Penalties
- 11 Common Defenses Against Welfare Fraud Charges
- 12 Lack of Intent
- 13 Insufficient Evidence
- 14 Entrapment
- 15 Negotiating for Reduced Charges
- 16 How Welfare Fraud Cases Are Investigated and Prosecuted
- 17 The Investigation
- 18 Filing Charges
- 19 The Court Process
- 20 Hiring the Right Welfare Fraud Attorney
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
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.