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Criminal Defense Lawyer in Orlando, FL

Public Assistance Fraud Lawyer in Orlando, FL

Public assistance programs are designed to help those in need get back on their feet. Unfortunately, these programs are often abused or manipulated for personal gain, a crime local and federal authorities have cracked down on. If you’ve been charged with public assistance fraud, don’t wait. Contact Hanlon Law today to schedule a free consultation. 


What is Public Assistance Fraud?


Florida Statute 414.39 defines public assistance fraud, also known as welfare fraud, as when someone fraudulently or falsely represents personal information in order to seek public assistance to which they are not entitled.  This could be as simple as failing to notify proper agencies of any change in circumstances that affect your existing public assistance, or as complex as grossly misrepresenting your personal information. 


Public assistance fraud can also be committed by using another person’s personal information. This includes both using the personal information of a person entitled to assistance and taking that assistance for yourself, or misrepresenting personal information of a person not entitled to assistance to obtain assistance in that person’s name for yourself. Both forms of this could also lead to identity theft charges, another type of fraud with its own set of related consequences.


Finally, Florida law also extends the definition of public assistance fraud to encompass the fraudulent obtaining or use of food stamps. This includes misrepresenting personal information to obtain food stamps to which you are not entitled, forging food stamps (or using forged food stamps), altering food stamps to which you are entitled to cover more than the state has allotted, and trafficking food stamps. 


It’s important to note that you can be charged with public assistance fraud if you assist another person in committing any of these acts, even if you have not committed them yourself. 


The state of Florida has a special law enforcement division dedicated to investigating public assistance fraud against the Temporary Assistance for Needy Families (TANF), the Supplemental Nutritional Assistance Program (SNAP, food stamps), Medicaid programs, Social Security Disability programs, Disaster Relief programs, and school programs such as School Readiness and voluntary pre-kindergarten. 


In an attempt to recoup losses and ease the burden on taxpayers, this law enforcement division aggressively investigates any accusations or reports of fraud, often reeling in innocent bystanders or those only marginally and unintentionally involved in such schemes with their widely-cast nets. That’s why it’s vital to seek legal counsel as soon as possible if you’ve been charged.


What are the Consequences of Public Assistance Fraud? 


The sentencing for public assistance fraud depends on the aggregate value of the assistance obtained over the last consecutive 12 months. 


Public assistance fraud in which the aggregate value of fraudulent benefits amounts to less than $200 is a first-degree misdemeanor, punishable by up to 1 year in prison along with a $1,000 fine. 


If the aggregate value of fraudulent benefits amounts to more than $200, but less than $20,000, the charge is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. 


Cases in which the aggregate value of fraudulent benefits amounts to more than $20,000 but less than $100,000 are charged as second-degree felonies, punishable with up to 15 years in prison and a $10,000 fine. 


Lastly, if the aggregate value of fraudulent benefits amounts to more than $100,000, the charge is a first-degree felony, punishable by up to 30 years in prison along with a $10,000 fine. 


In addition to jail time and fines, felony convictions can lead to other long-term consequences. Convicted felons often face discrimination in seeking housing, employment, and education. Felons are also unable to own firearms and forfeit many civil liberties, including the right to vote and hold public office. 


How to Defend Against Public Assistance Fraud Charges


As with all fraud, public assistance fraud must meet the intent requirement demanded by law. This means the prosecution must be able to prove, beyond a reasonable doubt, that you not only committed public assistance fraud, but that you acted in a conscious effort to commit public assistance fraud. 


So, for example, incorrect information submitted in good faith (information you genuinely believed to be correct) cannot be charged as public assistance fraud. Similarly, using forged food stamps that you genuinely believed to be legitimate stamps provided by a public assistance program to which you are entitled cannot be charged as fraud. 


When it comes to public assistance fraud, another possible defense lies in the statute of limitations. Depending on the level of fraud, the statute of limitations may be anywhere from 2 to 4 years, a relatively short time in comparison to some other crimes. This means that, if you can show the actions in question were committed in the past beyond the statute of limitations, the case may be dismissed. 


Public Assistance Fraud Defense Lawyer in Orlando


Public assistance fraud is a serious crime that can result in significant, long-lasting consequences that could easily ruin your life. No matter what kind of fraud you’ve been accused of, your best chance is always to contact an experienced defense attorney. At Hanlon Law, our team offers nearly twenty years of experience in the defense business. We’ll work tirelessly and advocate aggressively on your behalf to help you secure the best possible outcome. Contact Hanlon Law in Orlando today to schedule a free consultation.

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