Information on the crime of welfare fraud, also called obtain public aid by misrepresentation, or fraud to obtain aid, is found at California Welfare and Institutions Code 10980 (WI10980).

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There are several variations of welfare fraud crimes that may be charged depending on the particular set of facts that support the allegations.

 

For example, WI 10980(c)(1) is charged where the dollar amount of the fraud is less than $950, whereas WI 10980(c)(2) is charged where the dollar amount of the fraud is more than $950, and so on. The different welfare fraud charges carry different punishments.

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WI 10980 Law

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In general, it is a crime to knowingly misrepresent your factual financial status or worth in order to receive welfare benefits. Most welfare fraud cases involve intentional misrepresentations or omissions of income or financial need on public forms that are signed under penalty of perjury, or failure to update any change in income or financial need after welfare benefits have been established.

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Note: Welfare fraud includes knowingly and falsely representing information, or omitting information, to obtain health care, public aid, cash aid, WIC, food stamps, etc.

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Example, if a mother declares that she does not live with another adult and that she is the sole financial supporter of her household and children, but in reality, dad lives with mom and helps support the children, then mom could be charged with welfare fraud under WI 10980 for her failure to declare all of her financial support upon receipt of welfare benefits. 

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Note: The crimes of perjury (PC 118), commercial burglary (PC 459), forgery (PC 470), and counterfeiting, is commonly charged along with many WI 10980 charges (See below).

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Welfare Fraud and Perjury: Welfare fraud crimes (WI 10980) and perjury crimes (PC 118) are often charged simultaneously. This is because it is an act of perjury every time the defendant signs a document, under penalty of perjury, that support his or her need for financial aid from the welfare office.

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Welfare Fraud & Burglary: The district attorney might also file commercial burglary charges against the defendant in a welfare fraud case if the district attorney can establish that the defendant entered the welfare office with knowledge that he or she was going to commit fraud or theft of services while inside the welfare office.

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Welfare Fraud and Forgery: The district attorney might also file forgery charges against the defendant in a welfare fraud case if the district attorney can establish that the defendant created a false document of legal significance in order to defraud the welfare office (i.e. fake paychecks, bank accounts, utility bills, etc.).

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Multiple Counts: It is not uncommon to have multiple counts (allegations) of welfare fraud against a single defendant, or multiple counts of welfare fraud and other criminal charges against a single defendant. This is because every time the defendant signs a welfare form documents, while having knowledge of the false information in those documents, it is a separate offense of welfare fraud (WI 10980) and perjury (PC 118). The same is true with welfare fraud and burglary, welfare fraud and forgery, and welfare fraud and counterfeiting.

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For example, if mom produces a counterfeit paycheck to the welfare office in order to receive cash aid, then mom could be charged with welfare fraud, aid by misrepresentation, counterfeiting, burglary, and perjury every time she produced a counterfeit paycheck to the welfare office (assuming mom produced those counterfeit paychecks on separate occasions).

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Welfare Fraud Punishment

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Jail Sentence: Welfare fraud charges are classified as either a felony or as a misdemeanor. If found guilty of felony welfare fraud the defendant could face up to three (3) years in jail. If found guilty of misdemeanor welfare fraud the defendant could face up to one (1) year in the county jail.

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Jail Enhancements: WI10980 Laws provide for enhanced jail sentences if the amount of fraud exceeds a certain amount and that fraud occurred by electronic transfer.

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For example, per WI10980(h), there is an additional year of jail exposure if the defendant electronically and fraudulently transfers benefits in excess of $50,000 (WI10980(h)(A)), etc..

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Probation Sentence: In some WI10980 cases, a probation sentence instead of an actual jail sentence may be allowed.

 

A probation sentence is a period of supervision by either the court ("informal" probation), or by a felony probation officer ("formal" probation). Whether or not a probation sentence is available in any welfare fraud or perjury case depends largely on the defendant's criminal history along with the sophistication level of the fraud.

 

Note: A probation sentence may be accompanied with some jail time, but generally any jail sentence that is made a part of a probation sentence is served by work release or electronic monitoring (house arrest) in WI 10980 cases.

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PC 1107(h) Sentencing: If the defendant is convicted of welfare fraud pursuant to WI 10980(c)(1) or 10980(c)(2), and he or she is not granted a probation sentence, then the defendant will be sentenced to jail (as opposed to a state prison); however, any jail sentence related to WI 10980(c)(1) or 10980(c)(2) may be split (served partially out of jail on work release) or suspended (not served at all unless the defendant violates a term of his or her out of jail sentence). Whether or not the defendant has his or her jail sentence split or suspended depends on several factors.

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Note: WI 10980 (Welfare Fraud) and PC 118 (Perjury) are not considered strikes under California's Three Strikes Sentences Law. Also, Welfare fraud and perjury charges are not considered violent or serious crimes as those terms are defined in California law. This means that if the defendant is convicted of either welfare fraud (WI 10980) or perjury (PC 118) he or she may earn up to fifty (50%) credit of any jail sentence if he or she is on his or her good behavior while in custody.

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CIMT: Welfare fraud is considered a crime involving moral turpitude, which means the crime involves deceit o is otherwise inherently wrong. Arrests and convictions for CIMT can have collateral consequences for non-United States citizens and licensed professionals. Non-US citizens may be deported for convictions of CIMT and licensed professionals can lose a license to practice in a particular profession (i.e. lawyer, doctor, dentist, therapist, etc.).

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Restitution: If found guilty of welfare fraud, the defendant will be ordered to pay restitution, or amount of money designed to restore the welfare department to its position if the defendant had not committed welfare fraud. For more information, see Restitituion.

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Fines & Penalties: Any conviction of WI 10980 will result in a monetary fine being imposed upon the defendant. The fine is not more than a $1,000 in most misdemeanor WI 10980 cases; however, with felony WI 10980 cases, the fine is usually equal to ten percent (10%) of the total loss to the welfare department.

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For example, if the defendant is convicted of WI10980(c)(2)-F, and the amount of loss to the welfare department is ten thousand dollars ($10,000), then the welfare agency will request that the court impose an additional thousand dollars ($1000) penalty fine against the defendant for a total of eleven-thousand-dollar ($11,000) penalty fine.

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In addition to any prison or jail punishment, if found guilty of welfare fraud, the defendant may face additional penalties, including: Firearm prohibition (for felony WI 10980 convictions), Restitution of the funds defrauded, loss of professional or occupation license (for doctors, dentist, lawyers, nurses, or anyone with a license issued by a California Commission, Board, or Bar), loss of immigration status (for non-U.S. citizens), penalty fines and fees, enhanced penalties for future violations, and more.

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Note: If the defendant is convicted of welfare fraud, he or she can lose future welfare benefits.

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WI 10980 Defenses

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Every welfare fraud case is based upon different supporting facts and circumstances; therefore, every WI10980 case will call for a different defense. With that in mind, common defenses to welfare fraud (WI 10980) and perjury (PC 118) include: insufficient evidence to prove that the defendant knowingly included false information on welfare forms (or omitted information), mistake of facts as to the information that was provided to the welfare department, duress, necessity, statute of limitations (very limited in welfare fraud cases), intoxication, insanity, lack of jurisdiction, coerced confessions, jury nullification, and more.

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Overpayment Issues: If the defendant was overpaid in welfare benefits related to CalWorks or Calfresh, and the welfare department was in receipt of income verification information at the time of the overpayment, then the defendant might have a defense to any WI10980 violation. Some limitations may apply (WI10980 (j)(1)).

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Judicial Diversion: For misdemeanor violations of welfare fraud there is a new defense option called Judicial Diversion. Judicial Diversion is a criminal court procedure whereby the defendant enters into an agreement with the judge. The agreement is that the defendant will comply with certain probation-like conditions, called diversion program conditions, which are ordered by the judge. If the defendant fulfills the court's diversion program conditions, the court will dismiss the defendant's misdemeanor welfare fraud allegations.

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Judicial Diversion is not a true defense in the sense that the defendant has no penalty associated with his case. Rather, Judicial diversion involves the defendant suffering some form of punishment and rehabilitation (i.e., pay fines and restitution, attend a diversion class, stay out of trouble, etc.). However, if the defendant successfully completes a diversion program, then the judge will dismiss the criminal charges against the defendant. This is true even if the district attorney object to the dismissal of the welfare fraud charges.

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Note: Judicial Diversion is not guaranteed to be offered by the criminal court judge in any particular misdemeanor welfare fraud case. Whether or not the court will grant a diversion program option to the defendant in any WI 10980 case depends largely on the facts of the case, the defendant's criminal history, and more.

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Post-Conviction Options: Post-conviction options related to welfare fraud include, but are not limited to, the following: appeal the conviction, expunged the welfare fraud conviction, petition the court for a certificate of rehabilitation, withdraw a guilty plea, and more.

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Seal & Destroy Criminal Arrest: If a person is arrested or cited for either misdemeanor or felony welfare fraud, but the district attorney does not either file criminal charges against the defendant, or the district attorney does file criminal charges against the defendant, but the criminal charges are later dismissed, or the defendant is found "not guilty" after trial, then the defendant may motion the court to seal and destroy the fact of the defendant's arrest or citation (See Seal & Destroy Arrest Record).

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Note: If the defendant was charged with either a felony or misdemeanor welfare fraud violation (aka "Aid by Misrepresentation"), but there was no prosecution for some reason, or there was as prosecution, but the charges were either later dismissed pursuant to PC 1385, or the defendant was found not guilty after a court or jury trial, then the defendant may move to have her welfare fraud arrest report sealed and destroyed (See Seal & Destroy a Criminal Arrest Record).

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If you or a loved one has been charged with welfare fraud, perjury, or illegally obtained public aid, or WI 10980(c)(1), 10980(c)(2), and more, contact our criminal defense attorneys today. There is no fee for initial in-office consultations. Call today!

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909-913-3138​

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