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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1380
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I have had an notifcation of a fraud. I was recieving RSA

Customer Question

I have had an notifcation of a fraud.
I was recieving RSA and child benefit.
I am divorced, I did not declare i was living part time with my(or my relationship with him) boyfriend whilst
renting out my house for summer holidays (income recieved about 6000 per year).
I recieve not financial support from him so did not declare him on the forms.
I did not declare his income as he is not working and has about 2000 in bank.
I have also had to cash in my US Vanguard retirement funds to survive financially (about 14000)
Am awaiting outcome from Monsieur le president of the general council
Submitted: 1 year ago.
Category: French Law
Expert:  T Perrin C replied 1 year ago.
What would be your question?
Did you declare the rental income?
Customer: replied 1 year ago.

No I did not declare the rental income.


Do you think I will get a fine?

Expert:  T Perrin C replied 1 year ago.
You will probably have to reimburse the RSA received during the period concerned. Then , you may face criminal prosecution. For RSA fraud, the tribunal can impose a fine of up to 375000 euros and up to 5 years in prison. However it is most unlikely that you get sentenced to the maximum.
Customer: replied 1 year ago.

Would I be entitled to a lawyer if faced with criminal prosecution?


 

Expert:  T Perrin C replied 1 year ago.
you would have to be defended in court. If you cannot afford a lawyer (ie, per law, if you earned less than 9500 € in the last year including all income and welfare payment if you are single), you will be entitled to one through legal aid.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1380
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

Thankyou for your response, however I feel it was very general and


not more specific to my situation.


The RSA I owe is about 6.000 so I would hope not to recieve a 5 year


jail sentence or fine of 370000.

Expert:  T Perrin C replied 1 year ago.
The only thing one can give is was is written in the criminal code. What you will get will really depend on whether the CAF and Conseil General decide to sue and then on the judges at the tribunal. For amounts like the one you owe fines can run anywhere from a few hundred euros (on top of immediate repayment of amounts due) up to 20000 euros or three times the amount defrauded. And jail sentences (on probation only) of 6 months to 1 year are not uncommon.

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T Perrin C
T Perrin C
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8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)