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  1. #1

    Angry Statute of Limitations on Welfare Fraud and Fraud

    My question involves criminal law for the state of: Cali and TX

    Ok so i know these ppl who have a son and the son wants his minority rights from his bio dad. unfortunately the mom put unknown on the birth certificate because the mom and the bio father had an agreement of no child support-no visitation. When his mom got married the dad became the adoptivee father. The mm was on welfare b4 marrige and she commited fraud kowingly. Does she and her husband commit fraud on every legal document now or are the statue of limitations up because welfare fraud is a federal offence and i know its different. Also on legal documents where you have to state if you are or have any minorities do those commit an additional offense of fraud?

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Statute of Limitations on Welfare Fraud and Fraud

    What does it mean to "have any minorities?" And what do you mean by "minority rights?"

    In short, if someone believes she might be committing some kind of fraud they need to call the police. Chances are it won't get too far unless she admits to knowing who dad was and the law in the particular state at the time of the birth REQUIRED her to indicate the father.

    As there is a procedure to amend a birth certificate in CA I am going to guess that there is no crime in NOT putting a father's name down. How did mom profit by not putting the father's name down? If she received welfare, the state might decide to go after bio dad for back support, but it is doubtful that mom will be prosecuted for any fraud for not listing a father.

    But, if someone believes a crime has been committed, speak to law enforcement.

    Oh, and the SOL for a criminal prosecution in CA would be 3 years. Depending on the nature of the alleged fraud it might be measured from the time the crime was discovered, or, the commission of the crime.

    Perhaps if you can explain what you or someone hopes to accomplish with this info.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Statute of Limitations on Welfare Fraud and Fraud

    In CA, unless dad is there to sign a DOP, mom CANNOT name a father for the child. Unknown or ---------- is inserted automatically.

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