Welfare fraud charges are serious legal issues in Oklahoma. Creek County prosecutors aggressively pursue these cases due to the implications of abusing the system in place to help those in need. If you’re facing welfare fraud charges, you should understand the allegations, the consequences, and possible defenses. Taking action early can help protect your rights and minimize the impact on your future.

What is Welfare Fraud?

Welfare fraud occurs when someone intentionally provides false information or withholds crucial details to receive benefits they aren’t entitled to. This can involve programs like food stamps (SNAP), Medicaid, childcare subsidies, or Temporary Assistance for Needy Families (TANF). Examples include failing to report income, lying about household members, or using someone else’s benefits. Because these programs rely on taxpayer funds, fraud cases often lead to aggressive investigations and prosecutions.

In some instances, purchasing items with a food stamp card to sell for cash is considered fraud. In more recent social media events, a woman purportedly was emptying new cans of soda she had bought with her EBT (electronic benefits card) to sell them for money, and was investigated for the act. The woman was reportedly cut off from her benefits after the investigation. This is a clear and willful act of misuse of funds designed to keep a person fed – not pad their pockets.

What Are the Consequences of Welfare Fraud?

Oklahoma law treats welfare fraud as a serious crime, with penalties depending on the amount of fraud involved. Some examples may include:

• Misdemeanor Charges: If the fraudulent benefits amount to less than $500, the charge is a misdemeanor. A conviction can result in up to one year in jail and a fine of up to $1,000.
• Felony Charges: Fraud involving more than $500 is a felony, carrying potential prison sentences ranging from one year to multiple years, along with hefty fines.
• Restitution & Program Disqualification: Courts often require repayment of stolen benefits. A conviction can also lead to disqualification from receiving future public assistance.
• Federal Charges: Some welfare fraud cases involve federal programs. If federal agencies step in, penalties become even more severe, with longer prison sentences and larger fines.

It all comes down to the severity of the fraud and the intention. Further, the program you defraud could make a difference. Social Security fraud will be handled differently since it’s a governmental benefit than a state-issued benefit.

Defending Against Welfare Fraud Charges

If you’re facing welfare fraud charges, you have legal options. A strong defense strategy can make a significant difference in the outcome of your case. Common defenses include:

• Lack of Intent: Fraud requires intentional deception. If you made an honest mistake on your application or were unaware of certain reporting requirements, you may have a valid defense. However, ignorance of the law is not a viable defense in most instances.
• Insufficient Evidence: Prosecutors must prove beyond a reasonable doubt that you knowingly committed fraud. If there are gaps in their case, your attorney can challenge the evidence.
• Clerical Errors: Government agencies sometimes miscalculate benefits or make administrative mistakes. If an error led to an overpayment, it doesn’t necessarily mean fraud occurred.
• Identity Theft: If someone used your identity to commit welfare fraud, you are not responsible for the crime. A proper investigation can clear your name.

Ultimately, proper legal counsel is the best route to seek to employ these defenses.

What Should You Do If Charged?

If law enforcement or a welfare agency contacts you about fraud allegations, avoid making statements without an attorney present. Anything you say can be used against you. Instead, consult an experienced defense attorney who understands welfare fraud cases. They can assess the evidence, negotiate with prosecutors, and fight to protect your rights.

Being charged with welfare fraud doesn’t automatically mean a conviction. With the right legal strategy, you may be able to reduce the charges, avoid jail time, or even have the case dismissed.

Creek County Criminal Defense Attorneys

Welfare fraud charges can range in severity, but all should be taken seriously. While these benefits are a great way to help those in need, there will be those who take advantage of the opportunity. Due to this chance of abuse of benefits, it’s important to be diligent in reporting your income. This can help avoid any unnecessary issues that could result in a fraud charge.

If you or someone you know has been charged with welfare fraud, our team at Creek County Attorneys can help. We are here to represent you in your criminal matter. To schedule a consultation, call us at 918-209-3709, or reach us at Ask A Lawyer.