Tampa Welfare Fraud Defense Lawyer

Tampa Welfare Fraud Lawyer Fights for You

Why Choose Us – We Have the Legal Insights to Guide You

There are many lawyers out there, and you need to find one that feels right for you who can give you the specific guidance you need. At Taracks & Associates we believe that every person accused of a crime deserves a skilled Tampa defense lawyer to fight for their freedom. We lend our experience and backgrounds to helping each of our clients get the best possible outcome to their case.

We Have the Legal Insights to Guide You

Whether you are facing a state or federal offense, Taracks & Associates has the ability to come to your side, and you can trust that your case will be of the highest quality. The sooner you call us, the sooner we can start building your case, so don’t delay.

Our Welfare Fraud Lawyer in Tampa Explains Welfare Fraud

What Is Considered Welfare Fraud?

The welfare system is set up to help people who genuinely need it, and citizens can obtain welfare if they fit very specific criteria. When people or businesses engage in fraudulent conduct aimed at illegally receiving, retaining, misappropriating, seeking, or using state and federal public assistance, services, or benefits, it is welfare fraud. In addition, the welfare system is very complex and can provide problems and accusations of fraud for those who are not accurate in their paperwork and other reporting methods.

According to the law (Fla. Stat. § 414.39), welfare fraud can take a variety of forms, each with its own factual components and proof requirements. Failures to provide any of the following information in accurate form can result in a welfare fraud charge:

• Incorrect income analysis
• Neglecting to report a family member or dependent
• Claiming false dependents
• False claim about one’s inability to work
• Faking an illness.

You may be charged with public assistance fraud if you knowingly…

• Make a false statement, misrepresentation or impersonation when asking for public assistance or any other federally funded assistance program
• Fail to notify the appropriate agency of a change in circumstances so you can continue to receive public assistance
• Aid and abet another person in committing welfare fraud.

It’s also a crime to fraudulently obtain, forge, alter, possess, acquire, traffic, or use food stamps or to help another person with food assistance benefits fraud. The term “traffic” also involves exchanging guns, explosives, ammunition, or illegal drugs for food assistance benefits—situations that may require the expertise of a gun crime attorney.

Failure to Report a Change in Circumstances Can also Be Welfare Fraud

Welfare fraud can also occur where there is a knowing failure to disclose a “change in circumstances” to obtain public benefits or services. An example would be if you failed to disclose a job you got which increased your income enough so that you no longer needed benefits. To prove this type of fraud, it must be established that:

1. the defendant knowingly failed to disclose a change in circumstances to obtain or to continue to receive aid or benefits to which he or she was not entitled; and
2. the aid or benefits came from a state or federally funded assistance program.

The term “knowingly” means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason. If you believe you’ve been wrongly charged, we can help. Contact our welfare fraud defense lawyer to discuss your case.

Welfare Fraud Related to Food Stamps and Medical Services

For welfare fraud that concerns food stamps and medical services, it must be proven beyond a reasonable doubt that:

• The defendant knowingly committed or attempted to commit the fraud; and
• The use, transfer, acquisition, traffic, alteration, forgery, or possession was not authorized by law.

All of these examples can lead to welfare fraud charges. For example, if you falsely claim a smaller income then received for that year in order to obtain welfare funds, you can be charged with fraud.

Is Welfare Fraud a Felony?

Penalties for Welfare Fraud Can be Severe

When clients facing these charges first come to us, they typically want to know, is welfare fraud a felony. In Florida, welfare fraud may be charged as a felony or a misdemeanor, depending on the amount of benefits or value of services received or obtained in the last 12 consecutive months.

The possible penalties are as follows:

• Less than $200 is a first-degree misdemeanor, with a fine of $1,000 and one year in jail.
• More than $200, but less than $20,000 is a third-degree felony, with fines of $5,000, and five years in prison.
• More than $20,000 but less than $100,000 is a second-degree felony, with fines of $10,000 and 15 years in prison.
• More than $100,000 is a first-degree felony, with fines of $10,000 and 30 years in prison.

In addition, if you are convicted of owning two or more electronic benefits transfer (EBT) cards, it is a first-degree misdemeanor that becomes a third-degree felony for a second offense. In addition to statutory penalties, you may be required to serve at least 20 hours of community service.

These penalties are substantial, but an experienced Taracks welfare fraud attorney in Tampa can fight these charges with a range of defenses. Call us to discuss your situation today. You can reach our team at (814) 281-2897.

Defenses to Welfare Fraud

Because the prosecutor must prove fraud beyond a reasonable doubt, including the elements of knowledge and fraudulent purpose and intent, there are numerous defenses available to contest a charge of welfare fraud in Florida.

Some of the more common defenses include the following:

• You did not knowingly fail to disclose a material fact or change in circumstances.
• The credibility and reliability of the evidence against you, including lab results, witness statements, and police procedure, can be challenged.
• You made a mistake or were negligent, but this did not rise to the level of fraud.
• It cannot be proved that an alleged statement was false or that a change in circumstances occurred.
• It cannot be proved that a non-disclosed fact or change in circumstances was used to determine benefits or used to obtain aid or benefits.
• Law enforcement obtained evidence through an unlawful search or seizure.
• There are other innocent explanations for the conduct besides fraud, such as lack of knowledge or lack of intent, so you did not know you were not entitled to the benefits.
• The prosecutor waited too long to charge you with welfare fraud.

In situations where there are no viable defenses available, our attorneys can often reduce penalties through negotiations with the prosecutor’s office, especially if you are a first-time offender, or where you may be put into a diversion program and stay out of jail by repaying funds. Skillful representation by our Taracks welfare fraud attorneys can make a huge difference in the outcome of your case.

FAQs About Welfare Fraud Charges in Florida

Our Welfare Fraud Attorney in Tampa Has Answers to Common Questions

When you face serious charges like welfare fraud, you are bound to be worried and have questions and concerns. The best way to deal with them is through your free consultation, but to get you started, here are some answers to questions our welfare fraud attorneys are often asked.