In California, the government assists underemployed and unemployed citizens through programs that offer support to secure employment or provide food and medical insurance. Under California Welfare and Institutions Code 10980, welfare fraud involves the fraudulent claim or reception of government funds by using falsified or insufficient information.

Prosecutors can file welfare fraud charges against citizens who obtain undeserving benefits or against employers who fraudulently distribute aid to unqualified citizens. The stakes are high for defendants facing welfare fraud charges in California. Even after serving your jail or prison sentence and paying your fines, the conviction will remain on your record.

Although fraud is not a violent crime, it involves extreme dishonesty that employers may not take lightly. Therefore, the conviction can impact your employment and career opportunities. If you face criminal charges for welfare fraud in Fresno, CA, you will benefit from our reliable legal expertise at California Criminal Lawyer Group. Our knowledgeable attorneys will work hard to build a solid defense against your charges and secure a favorable outcome in your case.

Overview of California Welfare and Institutions Code 10980

Under California law, welfare is the public assistance offered by the government to its unemployed and underemployed citizens. These government benefits are available to eligible individuals through various programs, including:

California Work Opportunities and Responsibilities for Kids (CalWORKs)

This is the main benefits program in California. Through the CalWORKs program, the government provides housing, food, and other necessities for a limited time.

Greater Avenues for Independence (GAIN)

The GAIN program is an extension of CalWORKs. Since food and other necessities are provided for a short time, the recipients will be aided in finding and retaining meaningful employment. This allows them to move out of the assistance program and depend on themselves.

Cal Fresh

CalFresh is commonly known as the food stamp program. The program issues food stamp benefits electronically to eligible individuals on a monthly basis.

Medi-Cal

This Medicaid program provides health insurance benefits for low-income individuals in the state. Although Medi-Cal is a welfare benefit, charges for Medi-Cal fraud are prosecuted separately.

In-home Services

Through in-home services, the government seeks to address issues like substance abuse, mental health issues, and domestic violence. Before receiving these benefits, you must apply and present sufficient evidence showing your eligibility for assistance. You will receive assistance from parenting training and skills to substance abuse treatment and counseling for these issues.

Legal Definition of Welfare Fraud

Welfare fraud involves making false statements and failing to report certain information when applying for government benefits. Such acts result in the issuance of benefits for individuals who do not deserve them. Most welfare fraud instances are charged under California WIC 10980. Before you face a conviction for welfare fraud, the prosecution must prove these elements beyond a reasonable doubt:

  • You provided false information when applying for government assistance. During the application for assistance through different programs, you must provide correct and truthful information about your status and eligibility for the aid. You can be arrested and charged with welfare fraud if investigations uncover that you provided falsified information.
  • You left out relevant information to receive assistance. All information that shows your situation as unemployed or underemployed should be included in your application if you seek government assistance. An omission of critical information is treated as a fraudulent attempt and can result in criminal charges.
  • You filed multiple applications for the benefits. You must make a single application for each government benefit program. If the prosecution can show that you made multiple applications with the same name or different names, you will be found guilty of welfare fraud.
  • You used, possessed, or transferred counterfeit food stamps. Making fraudulent or distributing falsified food stamps to other people violates Welfare and Institutions Code 10980.

A wide range of fraudulent activities suffice as a violation of WIC 10980. Therefore, you will require expert legal guidance to navigate your case if you face charges for this offense.

Common Types of Welfare Fraud

There are two main forms of welfare fraud with which you could be charged. They include:

Recipient Welfare Fraud

Under WIC 10980, this type of welfare fraud is committed by individuals who present false information or omit important details to receive welfare benefits they do not deserve. Some of the scenarios that can result in recipient fraud charges include:

  • Claiming that you are a single parent while you live with your child's other parent and they are actively involved in the child’s life.
  • Failure to report additional income so that you can pass as underemployed and receive government assistance.
  • Submitting a benefits claim while including non-existent children on the application.
  • Collecting government benefits from multiple states, including California.
  • Submitting a benefits claim for a child who does not live in your home.

Internal Welfare Fraud

Government employees tasked with distributing welfare benefits commit this type of welfare fraud. Charges for internal welfare fraud arise when a government employee attempts to collect or unlawfully distribute the benefits to individuals who do not qualify. This type of offense is mostly committed by falsifying applications for ineligible friends and family.

If you are charged with internal welfare fraud, the prosecution can introduce charges for other offenses, like embezzlement, in your case. You commit a crime of embezzlement by misusing funds entrusted to you. In this case, the prosecutor must establish that you are a social worker assigned to handling and distributing government aid. Additionally, it must be clear that you used the funds for your own benefit or the benefit of someone close to you.

A conviction for embezzlement will attract serious penalties, which run concurrently with the punishment for welfare fraud. Seeking expert legal insight is critical when you are charged with internal welfare fraud.

Welfare Fraud Investigations

In California, a department is dedicated to investigating welfare fraud allegations. Their main function is to collect relevant information on an individual suspected of committing the offense and report it to the district attorney. Other ways through which D.A. can receive referrals and information on welfare fraud include:

  • Websites and hotlines are set aside for the public to report welfare fraud incidents.
  • Departments that oversee the distribution of government benefits.
  • Other agencies that suspect welfare fraud.

Investigators start their investigations by contacting individuals suspected of criminal conduct. After questioning the alleged perpetrator of the offense, the agency could interview coworkers, friends, and family for more information. This information can be used to support or dismiss the claims.

Sometimes, other agencies, like Child Welfare services and family support services, could be involved in the investigations. From the random home visits made by these agencies in the investigation of welfare fraud, the following issues can be discovered:

  • Child abuse and neglect.
  • Domestic violence.
  • Elder abuse.
  • Evidence of drug abuse.

All the information collected during this investigation will be presented to the district attorney for review. The D.A. will use the information to file and pursue criminal charges under Welfare and Institutions Code 10980. Other alternatives for dealing with the information presented include:

  • Referring the case to investigators to gather more convincing evidence. The district attorney will only file criminal charges when the evidence presented by investigators in your case is sufficient to show that you committed welfare fraud.
  • Rule out a lack of sufficient evidence and dismiss the case. The district attorney can reject a case presented to them by investigators on grounds of insufficient evidence.
  • Transfer the case to welfare diversion.

Legal Penalties for Violating WIC 10980

Most instances of welfare fraud are wobblers. This means that the offenses could attract felony or misdemeanor charges, depending on the case circumstances. Your criminal history can also impact how the prosecutor files your charges. The severity of the punishment you face for the offense will vary depending on the nature of your charge. The punishment for different welfare fraud offenses includes:

Filing a fraudulent application

You can be charged with a felony or a misdemeanor for presenting a fraudulent application for welfare benefits in California. Charges for filing a fraudulent application arise when you apply for help for a fake individual, apply for benefits using a false identity, and file multiple applications for the same person. As a misdemeanor, filing fraudulent applications is punishable by:

  • Up to one year in county jail.
  • $1,000 in fines.

A felony conviction for the offense will result in the following punishment:

  • A prison sentence ranging from sixteen months to three years.
  • Fines of up to $10,000.

Making False Statement

Making a false or misleading statement when applying for welfare benefits is a misdemeanor. If you are convicted of the crime, you will serve up to a year in county jail and pay $1,000 in fines.

Obtaining or Retaining Welfare Benefits

You will face a misdemeanor charge if you obtain and retain welfare benefits worth up to $950. Your conviction in this case will see you spend up to one year in jail. However, if you obtained or retained benefits of more than $950, you will face a felony conviction and a three-year sentence.

Food Stamp Fraud

You could face felony charges if you engage in unauthorized activity to participate in the food stamp program. Your conviction under these circumstances will result in a prison sentence of sixteen months, two or three tears, and up to $5,000 in fines. However, if you unlawfully transfer, possess, or purchase food stamps, your crime will be charged as a wobbler.

The value of the food stamps will impact the nature of your charge and the punishment you will face after a conviction. Obtaining unlawful benefits from food stamps worth $950 or less is a misdemeanor punishable by a maximum of one year in jail. For food stamps worth $950 or more, you will face a felony charge and up to three years in prison.

Electronically Transferred Benefits

You risk facing additional penalties for welfare fraud if the benefits you obtained unlawfully were transferred electronically. In addition to the sentence for your specific violation, you will face these penalties:

  • A year of incarceration for benefits of up to $50,000.
  • Up to two years of imprisonment for transfers exceeding $150,000.
  • Three years for transfers worth $1,000,000 or more.
  • Up to four years for benefits that exceed $2,500,000.

Lasting Consequences for a Welfare Fraud Conviction

Besides incarceration and fines that result from welfare fraud, your conviction can have the following lasting effects on your life:

  • The loss of your professional and state license. Welfare fraud is a crime involving extreme dishonesty and hence classified as moral turpitude. If your professional licensing board discovers the conviction on your record, they can launch an investigation that will result in a suspension or revocation of your license. This could significantly impact your career and livelihood.
  • Deportation or inadmissibility. For immigrants in the United States, there is an added fear of immigration consequences after a conviction for welfare fraud. In addition to spending time behind bars and paying fines, you risk deportation or inadmissibility.
  • Disqualification from future benefits. If you are convicted of any form of welfare fraud in California, you will be disqualified from receiving government assistance. This means that you cannot receive the benefits even when you meet other eligibility requirements.

Diversion Program for Welfare Fraud

Although welfare fraud is a non-violent crime and does not cause injuries to other people, the offense can cause substantial loss. Therefore, prosecutors in welfare fraud cases are more concerned with recouping the lost money from the state or county. Your case does not have to end with incarceration if you are charged with violating WIC 10980.

You can pay the amount you obtained fraudulently in exchange for a lighter sentence or a dismissed case, depending on your criminal history. However, entering the diversion program means you must plead guilty to the offense.

Legal Defenses Against Welfare Fraud Charges

The penalties of a conviction for welfare fraud can have devastating effects on your life. Therefore, if you are charged under WIC 10980, you will need expert legal guidance to fight your charges. Your attorney will help you present these defenses against your case:

Lack of a Fraudulent Intent

One of the elements that the prosecuting attorney must prove in your welfare fraud case is that you acted with fraudulent intent. Criminal intent is often a challenging element for the prosecution to prove. Therefore, you can present these arguments to show that you did not have fraudulent intent:

  • You reasonably believed that your claim for government benefits was legitimate. If there was incorrect information on your application, you could claim that it was an honest mistake.
  • You should have known about your obligation to report inheritance and gift cards. Receiving inheritance, lottery winnings, or gift cards could change your financial situation and negate your need for government aid. Failure to report these instances could result in charges for welfare fraud.
  • You forgot to update your status when your children became ineligible for the benefits. You may be ineligible for government assistance when your children reach a certain age and stop depending on you. If you are charged with welfare fraud for collecting benefits after such changes, you can argue that you forgot to update your status.

False Allegations

This defense against welfare fraud mostly applies when you face charges for misappropriating welfare funds or distributing them to undeserving citizens. False allegations are common in fraud cases. Sometimes, your family or friends could attempt to take advantage of your position by presenting fraudulent claims, which could drag you into the case when you are a government official. Although such conduct can cause you to lose your job, you can fight to avoid criminal liability.

As an applicant, you can be falsely accused of welfare fraud when another person files for the benefits using your name or social security benefits. Identity theft has become common with the transition to electronic applications and the disbursement of welfare benefits. Welfare fraud is a serious offense. Therefore, you will need expert legal guidance to uncover the false allegations and help you avoid liability for the violation.

Insufficient Evidence

The court requires the prosecution to establish all elements of the offense to obtain a conviction for welfare fraud against you. Proving these elements will require the prosecuting team to present physical evidence, circumstantial evidence, and witness testimony. Most elements of WIC 10980 are difficult to prove. Therefore, you can create doubt in the prosecutor’s case and avoid a criminal conviction.

Crimes Related to Welfare Fraud in California

Welfare fraud falls under a broad category of crimes involving allegations of forgery, theft, and perjury. Therefore, the prosecution can charge the following related offenses together with or in place of WIC 10980:

California Penal Code 118: Perjury

You commit a crime of perjury when you intentionally offer false information under oath. Before being convicted for perjury, the prosecutor must establish that:

  • You took an oath to offer truthful information.
  • You willfully provided statements that you knew were wrong.
  • The information you provided was material. Your statement will be considered material if it is used to change the outcome of a legal proceeding.
  • You knew or should have known that you were making the statement under oath.

Perjury is a felony that results in a four-year prison sentence and fines that do not exceed $10,000. Sometimes, the court will award you felony probation instead of incarceration.

California PC 470: Forgery

If you falsify a signature or seal on an official document with fraudulent intent, you can be arrested and charged with forgery under CPC 470. You will be convicted for this offense if the prosecutor proves that you engaged in the following acts with fraudulent intent:

  • You signed another person’s name without their consent.
  • You forged a seal or another person’s handwriting on a document.
  • You changed or falsified a legal document.

Under forgery laws, an official document could be anything from money orders to contracts, checks, and property deeds. Your intention to defraud means that you attempted to deceive another person and deprive them of money or property.

Forgery can attract a felony or misdemeanor charge, depending on your case specifics. As a felony, the crime will attract a maximum prison sentence of three years and up to $10,000 in fines. A misdemeanor forgery conviction will see you spend up to a year in county jail.

Grand Theft

Under CPC 484, grand theft charges arise when you take another person’s moment, property, or labor worth $950 or more. Depending on your circumstances, you could be charged with grand theft, including theft by false pretense, trick, and embezzlement. If you are a state employee responsible for distributing welfare benefits, you could be charged with grand theft by embezzlement alongside welfare fraud.

Grand theft is a wobbler. The prosecution has the discretion to file felony or misdemeanor charges. A felony conviction under PC 487 is punished by up to three years in prison. As a misdemeanor, grand theft will result in a one-year jail sentence.

Find a Competent Fraud Crimes Defense Lawyer Near Me

You could be arrested and charged with welfare fraud if you use fraudulent means to obtain government benefits you do not deserve. This entails providing false information, multiple applications for benefits, and transferring or acquiring false authorizations for food stamps. Government employees tasked with distributing the benefits can also be charged with welfare fraud if they offer funds to individuals they know do not deserve them.

Depending on the exact act that you committed, California Welfare and Institutions Code 10980, the prosecution can file felony or misdemeanor charges against you. Although welfare fraud is a non-violent crime, a conviction can have severe legal and collateral consequences. Fortunately, your arrest will not always end in a criminal conviction.

With expert legal insight, you can build a solid defense to fight the charges and avoid a conviction. Additionally, you can negotiate for a diversion program to avoid incarceration in exchange for paying for the amount you obtained fraudulently. At California Criminal Lawyer Group, we are dedicated to offering expert legal insight for all our clients battling fraud charges in Fresno, CA. Contact us at 559-712-8377 to discuss your case details.