If prosecutors suspect you of applying for or receiving welfare benefits for which you do not qualify, they may charge you with welfare fraud. Prosecutors consider welfare fraud a serious crime due to the limited resources of Pennsylvania’s welfare programs. When you face welfare fraud charges, you need dedicated legal representation to protect your rights and reputation and pursue a fair and favorable resolution to your charges.
What Constitutes Welfare Fraud?
A person commits the crime of public benefits (“welfare”) fraud when they use fraudulent means to obtain public assistance benefits they did not qualify for. The offense of public benefits fraud occurs when an individual:
- Willfully makes a false statement or misrepresentation about their circumstances or fails to disclose a material fact affecting their eligibility for public assistance benefits
- Secures or attempts to secure public assistance or helps another person to obtain public assistance despite knowing of the fraudulent nature of the act
Consequences of Welfare Fraud
If you’re charged with and convicted of welfare fraud in Pennsylvania, you may face various penalties, including community service, probation, or incarceration. The court will typically order you to pay restitution to reimburse the commonwealth for fraudulently obtained public assistance benefits. You usually must also pay costs and additional fines to the court. Finally, a conviction for welfare fraud can disqualify you from receiving public assistance benefits for a period, even if you legitimately qualify for such benefits. Multiple welfare fraud offenses can result in your permanent disqualification from public assistance benefits.
Your Legal Options When Accused of Welfare Fraud
Although welfare fraud charges have limited viable defense options, you do have some avenues to mitigate the consequences when facing prosecution for welfare fraud. In some cases, you may negotiate with prosecutors to reach a Rule 546 offer, under which you agree to repay improperly received public assistance benefits, pay court costs, and accept a temporary disqualification from public assistance benefits in exchange for prosecutors agreeing to drop the charges.
Alternatively, you may pursue admission to the Alternative Resolution Disposition program. The ARD program allows some first-time offenders to avoid pleading guilty and to resolve their cases without the stigma of a criminal record. In the ARD program, you must follow various conditions, including paying fines and court costs and becoming subject to supervision. Failure to comply with the conditions of ARD may result in prosecutors moving forward with prosecuting your welfare fraud charges.
Contact Our Firm Today for Experienced Legal Advocacy
If you face welfare fraud charges in Lancaster, you need experienced legal counsel to defend your rights and interests. The team at Chieppor & Egner, LLC, has extensive experience with welfare fraud cases, and founding partner Alexander Egner previously headed the welfare fraud division of the Lancaster County District Attorney’s Office. We use our insight into how prosecutors build welfare fraud cases to develop tailored legal solutions to pursue the best possible resolution to your charges. Contact us today for a free, confidential consultation with our knowledgeable criminal defense attorneys to discuss your legal options.
