Criminal Law
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5/21/2014
Zoey_ JD, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 56,085
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If Welfare picks up the that they have overpaid you because you delayed reporting your income, you will receive notification from them of an overpayment, which you would be expected to pay back.
Most times, paying back the overpayment is what the goverment is most interested in and it will end there. However, if there is evidence that you committed an intentional fraud, then Welfare would tell you that in the letter and could turn the file over to the DA's office for prosecution.
In this instance where there's no appreciable increase in income or benefits and where you reported the change, albeit late, they probably won't prosecute you.
If you are very concerned, however, you can be proactive. That is, you can retain a lawyer who specializes in benefits fraud cases and have him contact Welfare on your behalf and say you made a mistake and want to repay any overpayment if there is one. If you voluntarily self report your failure to have made the changes on time, it's likely that you can just pay off any differences and not have to worry about a criminal case.
Otherwise if you are targeted for fraud, you would have the opportunity for a hearing, to which you should take a lawyer. If it did come down to a criminal offense, although incarceration is technically possible, probation with restitution for the overpayment is, in my experience, the usual offer.
Zoey_ JD, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 56,085
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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