04 October 2017

Fraud for Social Services and Medicaid

If you live in an economically depressed area you have a lot of people receiving various forms of social services. Most of them need it. Some of them don't. Anyone who has done criminal work for any period of time can tell you stories of people married to (or living with) someone who is rich and claiming benefits or claiming benefits in two States or just straight out lying about whether they have a job. It's money for the taking and people will try to scam their way into it.

So what can be done? Those in charge of the system can, and do, try to police it themselves, but in the case of more extreme, repetitive, and unrepentant abusers there are criminal legal sanctions. While there are probably more than what I'm going to list below, however these are the ones I see charged most often.

63.2-502 - Perjury for to Obtain Public Assistance - Obviously, this is about lying in order to get benefits and it is one of the two ways in which cases tend to start as people lie about their circumstances to get money or get more money. It is punished a perjury and therefore has a punishment of up to ten (10) years.

63.2-513 - Failing to Report Changed Circumstances - This is the other way in which cases start. This occurs when the person getting aid fails to report that they've gotten a job or gotten married or that the three kids they're claiming to get money have been removed by Child Welfare. These can be more difficult if the case is one in which the recipient has not had his six month review (they're reviewed every six months) because the recipient always claims he didn't know/understand he was supposed to take the initiative to report. However, after that six month check in when they are specifically asked if there's been a change (and they always say no) that claim becomes very difficult to defend.  Violating this section is a deemed to be a violation of 63.2-522 and therefore is a larceny. Punishment depends on whether it is a misdemeanor amount or felony, but since this is usually done in the felony level it generally carries up to twenty (20) years.

63.2-522 - Social Services Fraud - Basically, this is the statute which specifies that getting money by defrauding the Social Services is a larceny. Punishment depends on whether it is a misdemeanor amount or felony, but since this is usually done in the felony level it generally carries up to twenty (20) years.

However, if the benefits come from Medicaid then there are different charges which must be filed:

32.1-314(1) - Perjury to get Medicaid - This is basically the same as the basic charge for lying to get benefits, but it applies only to Medicaid benefits. It carries up to twenty (20) years as punishment.

32.1-314(2) - Medicaid Benefit Fraud - Lying, concealing to get Medicaid benefits.

32.1-314(3) - Failing to Report Changed Circumstances - Not reporting things which would change the amount of funds coming in.

All the charges under this section are punished with up to twenty (20) years in prison.

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