Bronx Welfare Fraud Lawyer

Bronx Welfare Fraud Attorney

Welfare programs support individuals and families in need. They provide resources such as food stamps, housing assistance, and Medicaid. But if you’ve been accused of misrepresenting information to obtain these benefits, you may face serious criminal charges. That’s where a Bronx welfare fraud lawyer from The Vitaliano Law Firm can help.

Our team holds a thorough understanding of New York welfare laws. If you’re facing welfare fraud charges in the Bronx, we can help protect your rights and pursue the most favorable possible outcome for your case.

What Does Welfare Fraud Involve?

Welfare fraud happens when a person intentionally provides false information or withholds facts to receive public assistance they wouldn’t have otherwise qualified for. These cases are prosecuted by both the Human Resources Administration and the District Attorney’s Office.

The law distinguishes between unintentional mistakes and deliberate fraud. Proving intent is not as straightforward as in other cases. However, even honest errors can lead to criminal investigations or charges.

Some of the public assistance programs susceptible to welfare fraud include:

• Supplemental Nutrition Assistance Program
• Medicaid or Child Health Plus
• Section 8 housing assistance
• Childcare subsidies
• Temporary Assistance for Needy Families

In 2023, 64,124 cases of government benefits fraud were reported. Of this figure, 75.1% of offenders served a prison sentence as a result, even though 67.7% had little or no history of criminal acts.

Allegations Leading to Welfare Fraud Charges

The government takes welfare fraud very seriously. Some of the most common accusations that lead to welfare fraud charges include:

• Using false identification or Social Security information
• Failing to report all income, including side jobs or additional income besides your primary earnings
• Failure to report changes in household composition
• Selling or trading benefits, such as transferring benefits to others for cash or goods
• Double-dipping, such as receiving benefits in multiple states simultaneously
• Failing to report assets

Even if these are done unintentionally, it can still prompt a welfare fraud investigation that can result in misdemeanor or felony charges.

Defenses for Welfare Fraud Charges

The team at The Vitaliano Law Firm builds your defense strategy based on the details surrounding your case. We tailor our approach to your specific circumstances. Some of the most common forms of defense include:

• Insufficient evidence. Prosecutors are tasked with proving elements of the crime beyond a reasonable doubt. If the evidence is weak or circumstantial, we can challenge its credibility.
• Lack of intent. To prove welfare fraud, prosecutors must also establish that you intentionally misrepresented yourself or withheld information. If this was done accidentally, we can use this in our defense strategy.
• Procedural violations. If your rights were violated during the investigation, we might be able to suppress evidence and weaken the case against you. Instances of this may include unlawful searches, coercive interrogations, and a failure to advise you of your rights.
• Mitigation and restitution. Negotiating a favorable resolution could be a better path forward. We can attempt to pursue alternatives to conviction, such as diversion programs, probation, or civil restitution instead of a criminal charge.

Penalties for Welfare Fraud Convictions

The penalties for welfare fraud vary based on the degree of the offense and past criminal history. A misdemeanor conviction is less serious than a felony. The charges could include jail time, fines, and probation.

A felony is a much more serious charge that comes with a permanent criminal record, hefty fines, and long prison sentences. You might also be expected to pay criminal restitution. You will likely lose your public benefits or experience immigration consequences if you are not a U.S. citizen.

Criminal convictions may also result in the loss of employment or professional licenses and the denial of housing or financial aid. In addition to these consequences, you can also face damage to your personal reputation. That’s why you need a skilled criminal defense attorney on your side to help you navigate charges and have the strongest chance of a successful outcome.

FAQs

What Is Considered Welfare Fraud in New York?

Welfare fraud in New York involves intentionally providing false information or withholding information to obtain public assistance benefits, such as Medicaid or cash assistance. This may involve inaccurately reporting your income, failing to disclose certain assets, and using another person’s identity to collect benefits. This can result in a criminal charge, with penalties ranging from fines to jail time.

What Is a Welfare Fraud Investigator?

A welfare fraud investigator is a government official who examines potential fraud in public assistance programs. They work for agencies such as the Department of Social Services or the Office of the Inspector General. Welfare fraud investigators verify information provided by benefit recipients. They may conduct surveillance, interview witnesses, and collaborate with law enforcement. Investigators submit findings to the district attorney for possible criminal charges.

What Is Welfare Fraud in the Fourth Degree in New York?

Welfare fraud in the fourth degree is a Class E felony. It occurs when an individual intentionally receives public assistance between the amounts of $1,000 and $3,000. This form of fraud involves acts like underreporting income or household members. A conviction can result in prison time, probation, and a permanent criminal record. Prosecutors must prove that the individual acted knowingly and obtained the benefits through false means.

Who Is Most Likely to Commit Welfare Fraud?

Welfare fraud is committed by individuals across many demographics. Often, those under financial stress or those with access to the welfare system are more likely to attempt welfare fraud. Some offenders may falsify information to qualify for benefits, while others may fail to report income or changes in their household status.

Contact a Bronx Welfare Fraud Lawyer

Welfare fraud charges can lead to serious consequences, including restitution, fines, and incarceration. The Vitaliano Law Firm is prepared to stand by your side throughout the legal process. We know that misunderstandings, mistakes, and misinformation can lead to various allegations in welfare cases.

Our Bronx welfare fraud lawyers can thoroughly examine your case and work to minimize penalties or seek dismissal, if possible. Call us today to schedule a consultation and get the legal support you need to protect your future.