NY Penal Law § 158.15: Welfare fraud in the third degree

Welfare fraud is the crime of receiving public assistance benefits based on some type of fraudulent act, such as making false statements on an application for benefits, not reporting the receipt of another type of benefit such as workers compensation, or failing to report income. There are five welfare fraud offenses in New York. The specific charge you will face depends on the amount of public assistance benefits you are accused of receiving based on a fraudulent welfare act. Under New York Penal Law section 158.15 you could be prosecuted for welfare fraud in the third degree if you:

1. Intentionally committed a fraudulent welfare act, and
2. The value of the benefits received was over $3,000

A "fraudulent welfare act" includes engaging in any of the following acts:

1. Presenting an application for a public benefit card knowing that the application contains false information,
2. Pretending to be another person in order to obtain public assistance benefits, or
3. Making a false statement in order to establish or maintain eligibility for public assistance benefits; or to increase or prevent the reduction of public assistance benefits.

For purposes of the welfare fraud statute "public assistance benefits" means money, property or services provided from the federal, state or local government and administered by the department of social services or social services districts.

Nicole Carter applied to the New York City Human Resources Administration for food stamps, temporary assistance, and medical assistance. On her application Carter indicated that she had no income or resources. However, Carter actually worked for the United States Postal Service as evidenced by pay stubs and time sheets, as well as by testimony from an USPS investigator. Carter was convicted of welfare fraud in the third degree based on the amount of benefits she received fraudulently. People v. Carter, 948 N.Y.S.2d 608 (N.Y. App. Div., 2012)

1. Welfare fraud in the fifth degree: New York Penal Law section 158.05
2. Welfare fraud in the fourth degree: New York Penal Law section 158.10
3. Welfare fraud in the second degree: New York Penal Law section 158.20
4. Welfare fraud in the first degree: New York Penal Law section 158.25

In order to convict you of welfare fraud in the third degree the prosecutor must be able to prove that you fraudulently received benefits in exceeded $3,000. If the prosecutor is able to prove fraud, but cannot prove the amount of benefits that you received fraudulently, then the court is likely to dismiss the charge.

As a class D felony, if you are convicted of welfare fraud in the third degree your sentence may include a prison term of up to 7 years, a probation term of 5 years, and a fine. You will also be required to pay restitution in the amount of what you received fraudulently.

A person is guilty of welfare fraud in the third degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds three thousand dollars.

If you are charged with welfare fraud in the third degree you should take it seriously. Not only could you end up in prison for up to 7 years you will have to repay the money you received. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors in violation of New York state law and federal law. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.