Results 1 to 10 of 10
  1. #1

    Default Welfare Fraud Investigator Visit

    My question involves criminal law for the state of: CA

    We got a visit a few days ago from a fraud investigator wanting information about how we are living. My wife reported that we were separated and claimed to be receiving child support from me on the side, which was true but that was a while back ago and maybe about 6 months later we started to try and work things out and have been ever since. The math obviously didn't add up and this had be going on for a few years now.

    We were receiving medical and food from the state. They would send papers and she would fill them out with the same information from a few years ago and the benefits continued. Does anyone know what are the next steps in this investigation process and what kind of penalties / jail time either one of us can face?

    Or should we deny and claim we are still separated?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Welfare Fraud Investigator Visit

    Quote Quoting dgallegos2355
    View Post

    Or should we deny and claim we are still separated?
    Don't compound your problems by lying to the investigator. You are being investigated for a possible crime and do not have to answer any questions (though the state may cut off benefits if you don't answer). Considering that you do apparently have some potential exposure here for fraud charges, the first thing you should do is consult a criminal defense attorney and not answer any questions of the investigator until you do that.

  3. #3

    Default Re: Welfare Fraud Investigator Visit

    Thank you for that information. We will look into a criminal defense attorney.

  4. #4
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Welfare Fraud Investigator Visit

    Don't lie. They will talk to your neighbors to find out if you're living together. Welfare reports are filed under penalty of perjury and perjury is a felony. Welfare fraud is also a felony. Start trying to figure out how you're going to pay back all that money and get a lawyer now.

  5. #5

    Default Re: Welfare Fraud Investigator Visit

    Ok, we are working on getting an attorney.

    Do you know if something like this can get any one of us jail time?

  6. #6
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Welfare Fraud Investigator Visit

    Quote Quoting dgallegos2355
    View Post
    Ok, we are working on getting an attorney.

    Do you know if something like this can get any one of us jail time?
    Very doubtful.

  7. #7
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Welfare Fraud Investigator Visit

    Quote Quoting PayrolGuy
    View Post
    Very doubtful.
    That is not correct. While a prison sentence is unlikely for a first offense, some time in the county jail is very likely. The maximum exposure depends upon the amount fraudulently obtained:

    (1) If the total amount of the aid obtained or retained is nine hundred fifty dollars ($950) or less, by imprisonment in a county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine.
    (2) If the total amount of the aid obtained or retained is more than nine hundred fifty dollars ($950), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in a county jail for a period of not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine.


    Cal. Welf. & Inst. Code Ann. 10980 (West)

  8. #8
    Join Date
    Jun 2014
    Posts
    3,094

    Default Re: Welfare Fraud Investigator Visit

    Benefits might be stopped or reduced. Your wife will have to repay the benefits received she and the children were ineligible for. The state can take state tax refund checks.

  9. #9
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Welfare Fraud Investigator Visit

    Quote Quoting PayrolGuy
    View Post
    Very doubtful.
    I disagree. The federal government and states have a significant problem with welfare fraud and when they do catch someone engaged in fraud they want to make sure the punishment will be enough to hopefully deter others. I would not be surprised to find that at least some jail time were imposed if the wife is convicted of the fraud. Imposing a fine isn't much good if the state can't collect it. And just hitting them with probation and telling them they have to repay what they took isn't much of a deterrent.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: Welfare Fraud Investigator Visit

    Quote Quoting Taxing Matters
    View Post
    I disagree. The federal government and states have a significant problem with welfare fraud and when they do catch someone engaged in fraud they want to make sure the punishment will be enough to hopefully deter others. I would not be surprised to find that at least some jail time were imposed if the wife is convicted of the fraud. Imposing a fine isn't much good if the state can't collect it. And just hitting them with probation and telling them they have to repay what they took isn't much of a deterrent.
    Agreed.

    Since benefits received can quickly accrue to an amount greater than $950, it becomes a felony rather quickly (often within one month). Welfare fraud is rife in CA (and elsewhere, I am sure), and there are too few investigators and too little political will or resources to investigate these on a grand scale, so those that do pop up are often pursued aggressively with at least some jail time sought.

    However, if the fraud is not clear cut or egregious, it is likely that benefits may be modified or cut off as opposed to a criminal prosecution. Though, if an investigator is looking into the matter rather than a social worker, it's likely that they suspect some serious malfeasance.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Similar Threads

  1. Fraud: What to Do if You Receive a Letter from a Fraud Investigator
    By lawfacts in forum Criminal Charges
    Replies: 1
    Last Post: 01-19-2017, 02:48 PM
  2. Fraud: What to Do if a Welfare Fraud Investigator Comes to Your House
    By Hova in forum Criminal Charges
    Replies: 2
    Last Post: 10-01-2016, 08:05 AM
  3. Retail Fraud / Shoplifting: Can You Refuse an Interview With a Fraud Investigator
    By noo in forum Criminal Charges
    Replies: 5
    Last Post: 06-08-2014, 10:28 AM
  4. Retail Fraud / Shoplifting: A Fraud Investigator Wants to Interview Me
    By noo in forum Criminal Charges
    Replies: 7
    Last Post: 05-29-2014, 04:16 PM
  5. Fraud: Statute of Limitations on Welfare Fraud and Fraud
    By locoemolatino in forum Criminal Charges
    Replies: 2
    Last Post: 04-05-2011, 09:11 PM
 
 
Sponsored Links

Legal Help, Information and Resources