Indianapolis Welfare Fraud Lawyer

Welfare fraud is a controversial issue that officials at the federal and state levels are attempting to address. Welfare, in general, is used to refer to the array of public benefit programs aimed at addressing issues like food insecurity, children, and disaster relief. For example, welfare may include the Supplemental Nutrition Assistance Program (SNAP), which assists with food purchases, Temporary Assistance for Needy Families (TANF) which provides monetary benefits to qualifying families with dependent children, Medicaid, Supplemental Security Income (SSI), and federal and state disaster-relief programs. Assistance from a public welfare program, which is funded by the federal government but usually administered by the states, is usually acquired by showing need or entitlement to benefits.  Fraud in this case is providing false information or, in some cases, withholding information regarding one’s financial need, earnings, or living situation to receive welfare benefits.

Charges of welfare fraud may be brought by federal and state law enforcement under separate laws, so having a local fraud defense attorney is crucial for defending yourself. Those facing these charges should seek the help of an experienced Indianapolis welfare fraud lawyer, such as Chris Eskew of Eskew Law. We offer defense strategies that succeed, and the dedicated legal defense you deserve.

The Indiana legislature has enacted a statute to impose criminal penalties on welfare fraud. Under Indiana Code § 35-42-5-7, an individual commits welfare fraud—a Class A misdemeanor punishable by a jail term of not more than one year and a fine not exceeding $1,000—if he or she:

• Acquires public relief or assistance by means of impersonation, fictitious transfer, false or misleading oral or written statement, fraudulent conveyance, or other fraudulent means;
• Acquires, possesses, uses, transfers, sells, trades, issues, or disposes of an authorization document to obtain public assistance, or the public assistance itself, except as authorized by law;
• Uses, transfers, acquires, issues, or possesses a blank or incomplete authorization document to participate in public relief or assistance programs, except as authorized by law;
• Counterfeits or alters an authorization document to receive public assistance, or knowingly uses, transfers, acquires, or possesses a counterfeit or altered authorization document to receive public assistance;
• Conceals information to receive public assistance that he or she is not entitled to;

If the fraudulent act involves public assistance of more than $750 but less than $50,000, then the crime is considered a Level 6 felony punishable with a prison term between six months and three years and a fine not exceeding $10,000 under Ind. Code § 35-50-2-7. If the amount involved is $50,000 or more, then the crime is a Level 5 felony punishable by a prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6. These harsh penalties mean it is of the utmost importance for you to find a skilled welfare fraud attorney in Indianapolis to assist you with your defense.

Typical Acts of Welfare Fraud

The following are some common acts of welfare fraud that may be prosecuted under Indiana’s statute:

• Withholding information on total income or money received from other sources such as inheritances, gambling, gifts, or lottery winnings;
• Using fake identification to qualify for aid;
• Reporting fake dependents to qualify for aid;
• Concealing information regarding a child or children that no longer reside at home;
• Receiving duplicate aid from other states; and
• Continuing to receive benefits when the entitlement no longer applies;