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Welfare & Unemployment Fraud Charges in Brooklyn
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Dealing with accusations of welfare or unemployment benefit fraud can be extremely stressful. However, with the right legal guidance, these charges can often be addressed or even dismissed. This article provides an overview of common fraud accusations, defense strategies, and steps to take if you are under investigation in Brooklyn.
Understanding the Accusations
There are two main categories of fraud charges for those receiving government assistance in New York:
Welfare Fraud
This involves obtaining more benefits than you are entitled to through intentional deception. Common accusations include hiding income or assets, claiming benefits in multiple states, using another person’s benefits, or continuing to claim benefits after becoming ineligible.
Unemployment Insurance Fraud
This involves illegally obtaining unemployment benefits through deception. Common issues include lying on applications, failing to report income while collecting benefits, or using someone else’s identity to claim benefits.
The penalties for both types of fraud depend on the amount illegally obtained. At lower levels this can be a misdemeanor with fines and probation. But at higher levels it may become a felony with jail time.
Building an Effective Defense
If you are contacted by investigators or accused of welfare or unemployment fraud, the first step is do not panic. There are viable defense strategies, especially if the accusations stem from honest mistakes rather than intentional deceit.
Some potential defenses include:
- Lack of intent – If issues like reporting errors were accidental, this can show charges shouldn’t apply.
- No knowledge – If you were unaware of reporting responsibilities or eligibility changes, you may not have deliberately committed fraud.
- Confusion over requirements – Program rules can be complex. If missteps were due to misunderstandings, highlight this.
- Duress or distress – Difficult personal circumstances can impact decision-making abilities.
An attorney can help assess if any of these defenses fit your situation. They may also identify procedural problems with how the investigation was conducted that could lead to dismissed charges.
If You Are Under Investigation
If investigators contact you about potential welfare or unemployment fraud, here are important steps to take:
- Don’t ignore inquiries – Failure to respond may escalate the matter to formal charges. Be cooperative within reason.
- Don’t provide false information – Intentionally lying generates more legal issues. Stick to the facts.
- Don’t admit guilt – Even if you believe you made honest mistakes, admitting guilt can undermine defenses.
- Consider recording interactions – If discussions occur in person or over the phone, notify investigators if you intend to record.
- Don’t consent to searches – Investigators may request access to properties or documents. Require formal procedures.
- Contact a lawyer – Before sitting for any interviews, meet with counsel to understand rights and strategy.
Reaching out to legal aid organizations can help those unable to afford private attorneys. The Legal Aid Society and New York Legal Assistance Group are options in New York City.
Next Steps If Facing Charges
If you have been formally accused and are facing welfare or unemployment fraud charges, key next steps include:
- Getting legal counsel – An experienced criminal defense lawyer is critical for navigating the legal process and developing an optimal defense strategy. Public defenders are an option for those unable to afford private representation.
- Considering plea deals – Your attorney may assess if a plea bargain is preferable to trial based on potential penalties and prospect of winning. The final decision is yours.
- Preparing your defense – Work closely with counsel to gather documents, identify witnesses, and develop the right defense arguments for your case.
- Exploring diversion programs – These special programs can lead to dismissed charges if requirements like restitution payments are met. Your eligibility often depends on the nature of the accusations and your history.
The legal process can be complex and at times frightening. But taking the right steps with experienced legal guidance can help you successfully address accusations of welfare or unemployment fraud. Support groups can also provide emotional assistance when dealing with these challenging situations.
Resources
- Overview of welfare fraud laws in New York (Reddit)
- Consequences for unemployment insurance fraud (Quora)
- Types of unemployment fraud (FindLaw)
- Avoiding admissions of guilt (LawInfo)
- Getting legal assistance in NYC (Legal Aid Society)
This article provides general information only. If you have been contacted by investigators or accused of welfare or unemployment fraud charges, you should speak to a qualified criminal defense attorney regarding your specific situation.