This is a general look at the types of welfare fraud practiced in California and the penalties for those who are convicted of welfare fraud. Federal and state welfare benefits are available through a variety of programs.
State benefit programs in California include:. Of course, every case is different, and anyone in Southern California who is accused of a specific instance of welfare fraud should discuss the details of the case with an experienced Orange County criminal defense attorney who can explain your legal rights and options.
California prosecutors investigate welfare fraud referrals and tips received from the public through hotlines and websites as well as referrals and tips provided by the government agencies that distribute welfare benefits. Authorities launch a food stamp investigation of recipient fraud by contacting the recipients in question and asking about the benefits they receive and the information they provided. Investigators may speak with co-workers, family members, friends, and neighbors to gather additional evidence.
In California, when the relevant evidence regarding suspected welfare fraud has been compiled, a deputy district attorney reviews the evidence to decide if a criminal prosecution is called for. Recipient fraud can be committed in various ways, but these are some welfare fraud examples that some people use to obtain benefits fraudulently in California:. Workers may create fictitious children, make false claims about income, or fail to report facts which would disqualify these friends or family members from receiving legitimate benefits.
Public employees convicted of internal welfare fraud may also face charges for embezzlement. Felony offenses carry prison terms ranging from a year to life imprisonment.
Many states tie the penalty to the dollar value of the benefits involved. Illinois law follows a similar tiered approach based on the dollar value of the benefits involved, but it also creates a second tier of penalties for subsequent offenses.
If the crime involves lying on the application under oath, a person could face additional charges for perjury. What Is an Administrative Disqualification Hearing? In some situations, the government might take the case through an administrative proceeding, rather than criminal court.
If an agency believes a person has committed an intentional program violation, the agency may initiate an administrative disqualification hearing against the accused individual. Administrative hearings have different procedures and outcomes than criminal cases and will not be discussed here. If you receive notice of an administrative disqualification hearing, read the papers carefully and consult with an attorney.
A judge may order a person convicted of welfare fraud to repay the government for the value of the benefits obtained by fraud. In a criminal case, this repayment order is referred to as restitution. Depending on the state, failure to make restitution payments can land a person back in jail or can result in a civil judgment that can be sent to collections.
A person found guilty of welfare fraud, either in federal or state court or in an administrative hearing, may be suspended or disqualified from receiving benefits for a set amount of time. Repayment of benefits does not change the fact that the original fraud occurred. While agreeing to repay the benefits might help in negotiating a plea bargain or settlement, it doesn't stop the prosecutor from filing criminal charges. Repayment cannot be used as defense to charges either. To prevent abuse of the system, many states have established welfare fraud investigation units under their social services, children and families, or human services departments.
These units review public assistance applications, take complaints of possible fraud, conduct audits, and investigate leads of fraudulent activity.
In some cases, investigators may conduct unannounced home visits. Often these visits are a condition of benefits eligibility. Learn more in our article on Welfare Fraud and Home Visits. If you've been accused of welfare fraud, it's best to speak with an attorney. An attorney can help you evaluate your options and explain the consequences of signing any waivers or consent agreements. In the case of criminal charges, speak to a criminal defense attorney or request a public defender.
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