You can commit welfare fraud as a recipient of government welfare funds or as a government official. Typically, welfare fraud occurs when someone fraudulently receives or facilitates welfare benefits for personal benefit or the benefit of another. To receive benefits, you must legitimately be entitled to a specific benefit, like Medi-Cal or food stamp benefits. You are guilty of welfare fraud if you use incomplete or false information to receive welfare benefits.

Welfare fraud is a severe offense. It is generally a wobbler offense, which the prosecutor can charge as a felony or misdemeanor. The prosecutor’s decision is based on the details of your case and your criminal history. A conviction can result in jail or prison time, court fines, and probation. Other life-changing consequences, like a damaging criminal record, will follow a criminal conviction.

If you face welfare fraud charges in Bakersfield, you can enjoy leniency if you put up a strong defense against your charges with the help of a skilled criminal attorney. We can fight alongside you at California Criminal Lawyer Group to compel the court to dismiss or reduce your charges.

An Overview of Welfare Fraud

Under WIC 10980, welfare programs are all designed to assist members of the public who face various financial difficulties, including the underemployed and unemployed. The money the beneficiaries receive cautions them for a particular period until their financial situation improves. Here are examples of welfare programs in California and how they benefit the public:

CalWORKs or California Work Opportunities & Responsibility to Kids

This program has been around for a while. It initially provided financial support to parents with dependent minors. Today, the primary welfare program offers short-term financial aid for families requiring support with food, housing, utilities, clothing, and medical attention.

CalFresh or the Food Stamp Welfare Program

The program electronically provides monthly benefits to needy families, enabling them to obtain food until their financial situation improves.

In-Home Services

It is a welfare program that addresses various issues, including domestic violence, substance abuse, and mental health issues. Through the program, the beneficiaries can receive information about medical care, counseling, or public health. They also learn parenting skills, relocation services, and financial planning. Those battling drug use and abuse issues can receive evaluation and medical care services, while those suffering from mental health issues can receive rehabilitation and treatment.

GAIN or Greater Avenue for Independence

This program offers mandatory assistance to people participating in the CalWORKs program to enable them to find jobs, remain employed, and advance their skills to fit better-paying jobs.

GA/GR or General Assistance/General Relief

It is a welfare program that provides financial support to adults facing poverty who are not receiving support from any other welfare program.

MediCal Program

It is a Medicaid program providing general health insurance for low-earning families. Even though MediCal is a welfare benefit, any fraudulent act committed against the program is charged under a separate law (MediCal Fraud).

Most welfare benefits in California are issued electronically. Beneficiaries have accounts through which they receive cash aid. They are also given EBT cards, which work just the same as debit cards. They use the card to access the funds from their accounts. Food stamps and paper checks are slowly becoming obsolete.

Legal Meaning of Welfare Fraud

You commit welfare fraud when you make a false statement or do not provide the correct information when seeking financial assistance from a public program to obtain benefits for which you are not entitled. Most welfare fraud cases are prosecuted under WIC 10980. The prosecutor must prove the following elements beyond a reasonable doubt for the court to find you guilty of welfare fraud:

  • You deliberately misstated or failed to provide the information needed to obtain, increase, or retain an undeserved welfare benefit.
  • You applied for welfare benefits under several names or by presenting several applications to receive more of the benefits you deserve.
  • You used, transferred, acquired, sold, purchased, possessed, altered, or counterfeited genuine food stamps and authorizations to benefit from food stamps.

How Welfare Fraud Investigations Are Conducted

People who commit welfare fraud take precautions to avoid being caught. However, investigators do their best to obtain concrete evidence to ensure that those who fraudulently benefit from welfare programs are prosecuted. The local agencies that investigate these cases receive information from various sources.

For example, district attorneys have dedicated units that deal with these crimes.

If you are suspected of committing welfare fraud, the prosecutor can receive information about your crime from the following sources:

  • The public — Public members are more responsible for reporting suspected welfare fraud cases to the police. Websites and hotlines are in place to enable the public to report any issue they encounter regarding government welfare programs, including fraud.
  • The Department of Social Services can also report suspected cases of welfare fraud. They can come across such information while disbursing the benefits.
  • The police can also receive tips from reporting hotlines provided by the public, which are available across the state.
  • Any other agency can report welfare fraud if it suspects a possible case.

Once the investigators receive information about a suspected welfare fraud case, they will contact the recipient of the welfare funds. They will ask you about the money you allegedly received from a welfare program, why you are accepting the funds, and the information you provided to the program to receive the benefits. The investigators can also contact your friends, family, or colleagues to obtain more information about the welfare funds and your financial situation. The information they gather can help them support or dismiss the allegations.

Sometimes, they conduct witness interviews and impromptu home visits to obtain more information. Some additional issues they can gather, especially from home visits, include:

  • Elder abuse.
  • Child abuse or child neglect.
  • Domestic violence.
  • Drug use or abuse.

Other agencies could also be involved in the investigations, including family support, adult and child protective services, and other authorities related to the case. Once the investigators have gathered sufficient information regarding the case, they will forward it to the district attorney for review. The DA decides the course of action to take, depending on the available details of the case. They can pursue the matter by filing criminal charges against you or dismissing it altogether.

If the DA believes they have sufficient information to bring charges against you, they will do so in criminal court. If the case is solid but insufficient evidence supports the charges, the DA can refer the case back to the investigators for further investigation.

How Welfare Fraud is Committed

There are mainly two ways in which you can commit welfare fraud. These ways depend on whether you are a beneficiary or the government official processing the welfare.

Welfare Fraud by a Recipient

A violation of WIC 10980 is mainly committed by people who unlawfully receive benefits to which they are not entitled. You can commit welfare fraud as a recipient in so many ways. The common ways are:

  • Applying for welfare benefits claiming to be a single caregiver when the other parent lives with you.
  • Failing to provide details of your other benefits and income, which is a crucial requirement when applying for government welfare.
  • Claiming benefits for a beneficiary who is not living with you.
  • Filing a fictitious claim for a needy child or a legitimate claim for an ineligible child.
  • Collecting welfare benefits from a different state on top of the ones you receive in California.

For example, it is unlawful for low-income earners to file for cash-aid benefits and fail to report a job or business they own.

If a particular welfare program does not support ex-felons, it is unlawful to file a claim with that program and fail to disclose your criminal history.

Using fake information, including names and social security numbers, is also unlawful to obtain financial aid from a welfare program.

Internal Welfare Fraud

This type of fraud is mostly an inside job. Perpetrators are usually people who work for and closely with government agencies offering welfare benefits. You will face criminal charges if you commit welfare fraud and are an employee or an agent responsible for handling applications by needy people requiring financial aid.

For example, if you falsify an application for an illegible applicant and later share the proceeds as an employee. You could also face charges for creating fictitious children, filing false applications about an income, or failing to report crucial facts that could disqualify a friend or family member from receiving welfare benefits.

If you are charged with internal welfare fraud, you will likely face additional charges like embezzlement for wrongly using money or property under your care.

Thus, if, as a social service worker, you control how government funds are distributed and know how to overlook some necessary procedures before authorizing benefits, thereby misappropriating welfare benefits, you can face felony charges under the welfare fraud laws, punishable by a maximum of three years in prison. If the prosecutor files embezzlement charges against you on top of welfare fraud charges and you are convicted of embezzling $65,000 or more, you could receive an additional four years to your sentence.

How To Fight Welfare Fraud Charges

Welfare fraud is a severe offense that could result in life-changing penalties. However, the law allows you to fight your charges in a trial to ensure that your case’s outcome is fair. You can do that with the help of a skilled criminal attorney. Fortunately, criminal attorneys have several legal defense strategies they can use to fight your charges for a favorable outcome.

Here are some strategies an aggressive Bakersfield attorney can use to fight your charges and compel the court to reduce or dismiss your charges:

You Did Not Intend to Defraud

All fraud-related offenses are committed with fraudulent intent. The prosecutor must demonstrate that your actions had fraudulent intent to obtain a guilty verdict. The judge will dismiss your charges if the prosecutor cannot demonstrate your intent to defraud a welfare program.

Acting with fraudulent intent means that your main goal was to benefit from a welfare benefit you do not qualify for. To counter the prosecutor’s allegations, a skilled criminal attorney can argue the following:

  • You believed your claim to the welfare program was legitimate for the benefits you sought. Any false, incorrect, or misleading information in your application was inadvertent.
  • You did not realize the need to report gifts, inheritances, or lottery winnings to the program in your application.
  • You forgot to change your financial status or your child’s situation once it improved, making you ineligible for welfare benefits.

An aggressive attorney can weaken the prosecutor's case, compelling the judge to dismiss your charges.

The Prosecutor Lacks Compelling Evidence

The prosecutor bears the burden of proof in criminal cases. They must submit compelling evidence to prove all elements of an offense beyond a reasonable doubt. The judge can dismiss your case if the prosecutor falls short due to insufficient evidence.

Example: You face welfare fraud charges for filing duplicate files or having close and suspicious connections with some applicants. Even if the case sounds severe and the prosecutor's evidence appears incriminating, the evidence is not conclusive that you committed fraud.

The prosecutor could have strong evidence suggesting that you committed fraud or embezzled funds from a welfare program. But most of their evidence could be circumstantial rather than actual proof. In that case, the judge will dismiss your charges. Remember that the prosecutor must demonstrate beyond a reasonable doubt that you committed fraud. If not, you will be acquitted. beyond a

You Are Falsely Accused

Your attorney can use this defense strategy if you face welfare fraud as an alleged recipient or internal fraud. Even if the prosecutor has sufficient evidence that welfare fraud was committed, that does not mean you are a perpetrator. Some people have been falsely accused of crimes they did not commit and face severe jail or prison time. You need an aggressive attorney to compel the judge to dismiss your charges.

For example, if you face internal welfare fraud, the applicants, who could be your family or friends, could be taking advantage of your status in the welfare program or county. They could have submitted false information in their petition, and since you know them, you could have assumed that the information was correct. You could have failed to verify the information because you trusted the applicant, known to you, to provide accurate information. That negligence can cause you to lose employment, but it is not evidence that you committed welfare fraud.

Also, you could face fraud charges because someone altered the application without your knowledge. Or, someone else applied your name, address, or social security number. You could have lost your identity to identity theft and had no idea that another person was using your identifying details to commit fraud. You could also face false accusations because of a cervical error when your application was being processed. Remember that clerical mistakes are common in government bureaucracies.

An experienced attorney can carefully study your case to understand the exact genesis of the false accusation. Once they have proof, they will compel the judge to dismiss your case.

You Can Sign a Plea Agreement

A plea agreement is an agreement between the prosecution and defense to reduce criminal charges and conclude the case without the defendant facing trial. It can work to your advantage if the prosecutor has compelling evidence against you and the likely sentence after conviction is stiff.

The prosecutor or your defense attorney can initiate the plea agreement. You must agree to plead guilty to a lesser offense and accept the sentence the judge will give for that offense during sentencing. You must also agree to some conditions the prosecutor will set for your case. For example, the prosecutor could require you to pay restitution for the welfare fraud you defrauded. The prosecutor would ensure that the state or county recovers the lost funds.

Thus, if you are willing and able to pay back the money, the prosecutor could agree to a plea bargain to reduce your charges and the possible penalties upon conviction.

Possible Penalties After a Welfare Fraud Conviction

Welfare fraud, as under WIC 10980, is generally a wobbler offense. The prosecutor’s decision on how to charge your case depends on the section of this law you have violated. Some violations are misdemeanors and other felonies, while others can be charged as felonies or misdemeanors. The prosecutor will also consider your criminal background and the details of your case.

Here are the penalties for different violations under this law:

Making Misleading or False Statements

Making misleading or false statements to obtain welfare benefits fraudulently is a misdemeanor offense, punishable by a six-month jail sentence and a court fine of $500.

Submitting False Applications

Submitting a false or fraudulent application is a wobbler offense. The prosecutor will file misdemeanor or felony charges if you file multiple applications under one name, use your details to apply for benefits on behalf of a fictitious applicant or use a false identity to apply for benefits.

A felony conviction under this section is punished by sixteen months, two (2) or three (3) years in jail, and a $5,000 court fine. A misdemeanor can result in a one-year jail sentence and a maximum fine of $1,000.

Retaining or Obtaining Benefits

Retaining or obtaining fraudulent benefits of $950 or less is a misdemeanor offense. The offense can result in jail time for six months and $500 in court fines.

If the welfare amount exceeds $950, the prosecutor will file felony charges against you. A felony conviction is punished by sixteen months, two (2) or three (3) years in jail, and $5,000 in court fines.

Welfare Fraud Related to Food Stamps

Engaging in unauthorized authorization to participate in a food stamp welfare program is a felony offense, punishable by up to three years in jail.

But it is a wobbler to unlawfully transfer, use, possess, purchase, sell, or transfer food stamps and benefits. The crime is a misdemeanor if the benefits cost $950 or less. If the figure exceeds $950, the prosecutor will file felony charges. A misdemeanor conviction can result in a six-month jail sentence, and a felony can result in a three-year jail sentence.

Transferring Benefits Through Electronic Means

The judge will impose additional penalties for any welfare fraud activity involving electronic benefits transfers. You must serve the additional sentence consecutively with the sentence you will receive for the underlying offense. Here are some possible additional penalties you could face for electronic transfers:

  • An additional one-year sentence for transferring benefits worth $50,000 or more.
  • Additional two years for benefits exceeding $150,000.
  • Additional three years for benefits exceeding $1,000,000.
  • Additional four years for benefits exceeding $2,500,000.

Additional Penalties

A criminal conviction results in other penalties and life-changing consequences that can impact your life in many ways. On top of jail time and court fines, a welfare fraud conviction will also result in the following:

  • Professional discipline for state license holders, resulting in the loss of practicing licenses, either temporary or permanent. Criminal convictions impact professional licenses in California, especially for crimes of moral turpitude. Fraud-related offenses are crimes of moral turpitude.
  • Serious immigration consequences can result in the deportation of an immigrant. You can also be marked as inadmissible to the United States.
  • You will also be disqualified from applying for any public benefits in the future, even when you qualify for financial aid.

Find a Skilled Criminal Lawyer Near Me

If you face welfare fraud charges in Bakersfield, hiring an experienced criminal lawyer at the beginning of the legal process is advisable. Criminal court processes in California are complex. You will need help navigating the justice system and fighting for your rights. You also need help understanding your charges, their legal implications, and your options.

We can walk you through the legal process at California Criminal Lawyer Group. We handle all kinds of fraud cases and have the skills and experience you need to obtain a fair outcome for your case. We will develop a solid defense for your charges and protect your rights against violations. Our aggressive attorneys only rest once you are satisfied with the case outcome. Call us at 661-750-8230 to discuss your case and our services further.