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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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what is the maxium punishment for wic fraud and medicaid fruad

Customer Question

what is the maxium punishment for wic fraud and medicaid fruad in the state of tx. i am under investigation and what in put of what to do?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.
Chat Conversation Started
Alex Esquire :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex Esquire :

Have you been formally charged with anything?

Alex Esquire :

Also without any personally identifying information as this is a public forum, can you tell me little more of what is going on?

Customer :

no i have not been charged. i did not report my husband va compesation pay with the wic and medicaid. so now it is under investigation. i guess im guilty because i did not report it. what should i do i have two kids and need to make arrangements and prepare. i have never been to jail

Alex Esquire :

First of all you need to try to calm down and not to panic and make assumptions. Do I understand correctly that your husband was collecting benefits in two states at the same time?

Customer :

no i was collecting benefits just in TX. but i did not report his VA compesation mthly pay with his regular pay chk amount

Alex Esquire :

Ok so you you were collecting wic and medicaid but failed to state that your husband was working in VA and making monthly salary and you were required to disclose this on the application, correct?

Alex Esquire :

and you are legally married to your husband not separated or divorced or estranged normally living in the same household?

Customer :

we are married, but i also did not tell them my brother live with us. because he is 23 not employed and didn't know to say or nay for him as part of household because of his age. but we support him.

Alex Esquire :

ok, how much money in benefits do you think you have already collected?

Customer :

i dont really know. i hve been collecting benifits since 2008. i dont know how much wic is worth monthly, i have heard if over 1500.00 it is a felony charge so i am so freaked out and about to lose it. i try to keep it togethe around my kids since they are 6 and 2, but just break down knowing i may be jailed for a long time

Alex Esquire :

Ok, I just researched it, it can be a state-jail felony if it is over $1500 but less than $20,000.

Alex Esquire :

Punishment can range from 180 days to 2 years.

Alex Esquire :

Now do you have any criminal history?

Customer :

no have never been to jail or any criminal history

Alex Esquire :

Also you should never plead guilty to anything until your rights are explained to you by an attorney, also if you are under investigation you should not be speaking to anyone or make any statement without an attorney present

Alex Esquire :

Also keep in mind if someone is charged with this crime, the state is required to prove an intent to defraud as it is a required element of the crime.

Customer :

i cant afford a lawyer. what do i need to do if found guilty

Alex Esquire :

why don't you contact your legal aid or public defender's office and see if they can help you with an attorney who might take your case on a pro-bono (free) or a low cost basis

Alex Esquire :

If you get charged and can not afford an attorney the state will appoint a public defender for you.

Customer :

thanks for your help.

Alex Esquire :

sometime the state decided not to criminally prosecute in these types of cases, but just demands that you pay back the benefits that were obtained fraudulently according to their investigation.

Alex Esquire :

If I have answered your question please click on green accept button as this is the only way I get compensated for my time and effort. Bonus and positive feedback are always appreciated. Thank You.

Customer :

i hope this may be the case,to pay it back. but i guess its a waiting games. thanks again.

Alex Esquire :

Thank You and I wish you the best of luck.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 7 other Criminal Law Specialists are ready to help you

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