Are You Being Investigated for Welfare Fraud in NYC?
What is welfare fraud?
Welfare fraud is the crime of receiving public assistance benefits based on some type of fraudulent act.
How do welfare fraud investigations start?
Welfare fraud investigations can start because benefits recipients did or didn’t do one of the following:
- Didn’t disclose all sources of earned income
- Didn’t disclose all sources of unearned income
- Didn’t disclose contributions from others
- Didn’t disclose that child’s parent was either living with them or was supporting them
- Provided fake employment letters to HRA
- Run cash businesses and show very low income
- Live outside of New York City
- Didn’t disclose property or bank accounts
Welfare fraud investigations can start in a number of ways. The HRA may receive a tip from a concerned citizen, or they may conduct an audit of a benefits recipient’s records. The HRA may also investigate a benefits recipient if they are suspected of receiving benefits that they are not entitled to.
Once the HRA begins an investigation, they will gather evidence. This evidence may include financial records, employment records, and witness statements. The HRA may also interview the benefits recipient and other witnesses.
If the HRA believes that there is sufficient evidence of welfare fraud, they will file charges against the benefits recipient. The benefits recipient will then have the opportunity to defend themselves against the charges in court.
Potential felony criminal charges:
The potential criminal charges for welfare fraud in NYC include:
- Felony welfare fraud (NY Penal Law § 158.25)
- Felony grand larceny (NY Penal Law § 155.05)
- Felony offering a false instrument for filing (NY Penal Law § 175.35)
Felony welfare fraud is a Class D felony, which is punishable by up to 7 years in prison. Felony grand larceny is a Class C felony, which is punishable by up to 15 years in prison. Felony offering a false instrument for filing is a Class E felony, which is punishable by up to 4 years in prison.
Which benefit fraud does HRA go after?
Such investigations can start from welfare fraud, Medicaid fraud, daycare voucher fraud, snap benefits/ food stamp fraud, or NYSCHA Fraud.
What to do if you receive an HRA Bureau of Fraud Investigations Interview Letter:
If you receive an HRA Bureau of Fraud Investigations Interview Letter, you should not ignore it. You should contact an experienced criminal defense attorney as soon as possible. An experienced criminal defense attorney can help you understand the allegations against you and protect your rights during the investigation.
What to do if you are contacted by an HRA fraud investigator:
If you are contacted by an HRA fraud investigator, you should not speak to them without an attorney present. You have the right to remain silent, and you should exercise that right. An experienced criminal defense attorney can help you navigate the investigation and protect your rights.
What to do if you have been arrested and charged for welfare fraud:
If you have been arrested and charged for welfare fraud, you should speak with an experienced criminal defense attorney as soon as possible. An experienced criminal defense attorney can help you understand the charges against you and build a strong defense.
The Million Dollar question: What happens in such investigations and are they going to arrest you?
In our experience handling numerous such cases, one of the main factors in whether these cases are sent to the District Attorney’s Office for prosecution is if the individual made statements to the investigator and/ or provided them with documents. The importance of hiring an attorney right away cannot be overstated. In many instances, we have successfully guided clients through such investigations with no criminal charges being brought against them and gotten them extended, interest-free repayment plans on the alleged balance owed. Similarly, we have defended and resolved favorably numerous cases where clients hired us after arrest.
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