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  1. #1
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    Jun 2010
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    Default Committing Fraud to Obtain Food Stamps

    My question involves criminal law for the state of: Pennsylvania

    I am actually attempting to help my mother out by looking into her situation for her since she is quite computer illiterate. I'm going to break down her situation as easily as I can, and feel free to ask questions if you need to.

    My mother, for (I believe) the years 2006-2008, frauded her food stamps by claiming that my daughter and myself lived in the household with her and that I was unemployed. We had lived with her for a year or so prior to this and I /was/ unemployed at that time, but she continued to claim us to get the increase in food stamp benefits after I'd moved out and found full time employment.

    About a year ago, a case worker caught up to her and let her know the situation -- that they knew I was no longer there. My mother came clean about it all, but claimed that she was getting me food with it too as a defense. She also has been deemed unfit to care for her own personal finances by the state of Pennsylvania due to mental disorders, but was allowed to pursue welfare on her own. I don't know if that will weigh in on this, but she believes it will.

    However, that's not where I'm going with this. I just wanted to give a little backstory to build on what has now become a fairly large problem. And here also are my questions.

    My mother had not heard anything from the courts or from this case worker for a year. In that time, she moved about three hours north of where she lived at the time the initial case was launched. My mother has the new address on her license, accepts mail here, and even had food stamps again for just herself at the new address and with all of her information that was already on file.

    Just recently, the case worker contacted her again. She said that my mother had missed a court date that no one ever knew about, and she was considered a 'fleeing felon'. She has spoken of putting a warrant out for my mothers arrest as well.

    My mother lives on fixed income, so hiring an attorney is only feasible if they accept payment plans. She also does not believe a public defender would do a good enough job in this situation. So, onto my questions.

    Would she have to serve jail time for this? How does she find out if she actually has a warrant out for her arrest and, if she does, would it be in her best interest to turn herself in? She wants to make resititution but what comes first? And would she definitely need a lawyer or could she represent herself?

    I hope I've been clear enough here, and appreciate any response. I just want to know what will most likely happen to her so I can prepare her for it.

  2. #2

    Default Re: Food Stamp Fraud

    Quote Quoting auravixen
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    My mother, for (I believe) the years 2006-2008, frauded her food stamps by claiming that my daughter and myself lived in the household with her and that I was unemployed.
    Were you an adult at the time? Were you in any way her legal dependent at the time?

    About a year ago, a case worker caught up to her and let her know the situation -- that they knew I was no longer there. My mother came clean about it all, but claimed that she was getting me food with it too as a defense.
    Unless you were her dependent, her food stamp money was for her, and only her. If you were not her dependent, you would have had to file your own claim.


    She also has been deemed unfit to care for her own personal finances by the state of Pennsylvania due to mental disorders, but was allowed to pursue welfare on her own. I don't know if that will weigh in on this, but she believes it will.
    It might...but she absolutely needs an attorney to help her figure that out.


    Just recently, the case worker contacted her again. She said that my mother had missed a court date that no one ever knew about, and she was considered a 'fleeing felon'. She has spoken of putting a warrant out for my mothers arrest as well.
    So it sounds like at some point the state got suspicious or caught wind of possible fraud (that would account for the felony charge).

    My mother lives on fixed income, so hiring an attorney is only feasible if they accept payment plans. She also does not believe a public defender would do a good enough job in this situation.
    Why? They graduated from the same law schools and are licensed attorneys. Not only that, but they spend a LOT more time working cases IN the courts than private attorneys do. The only real difference is that public defenders don't do a lot of hand holding...they look at the case, determine any possibilities for defense, and present those defenses to the court.



    Would she have to serve jail time for this?
    If she's found guilty, that's a good possibility. Along with having to reimburse the state for funds fraudulently obtained.

    How does she find out if she actually has a warrant out for her arrest and, if she does, would it be in her best interest to turn herself in?
    The best way to deal with this is through her attorney. Let them find out if a warrant exists, and, again, since they are most familiar with your local court procedures and schedules, the attorney will be able to best advise her as to how to address the issue while spending as little time behind bars as possible between the time she turns herself in and the time she actually appears before the judge.


    She wants to make resititution but what comes first?
    If she's convicted, restitution will be part of her sentence.

    And would she definitely need a lawyer or could she represent herself?
    She definately needs an attorney. Given that she has already been declared unfit to care for herself, odds are that the court wouldn't ALLOW her to represent herself, even if she wanted to.

    And on a final note, if she has been declared incompetent to handle her affairs, WHO was appointed by the court TO handle her financial affairs? THAT person may ALSO be facing criminal charges over this matter.

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