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My ex boyfriend who is using my address but not living here…

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My ex boyfriend who...

My ex boyfriend who is using my address but not living here is being vindictive and is threatening to turn me in for welfare fraud. He plans to say he is living here. What do I do?

Lawyer's Assistant: The Fraud Examiner will know what to do. Please tell me everything you can so the Fraud Examiner can help you best.

My ex is upset with me because I'm moving on. He is threatening to turn me in for getting heap and snap fraudulently. He gets him mail here but didn't live here regularly.

Lawyer's Assistant: Is there anything else the Fraud Examiner should be aware of?

I don't think so.

Submitted: 6 months ago.Category: Criminal Law
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Answered in 5 hours by:
12/30/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,372
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. In what US state are you? Do you have documentation that could help demonstrate that your ex did not live with you and was not contributing to your support?

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Customer reply replied 6 months ago
Im in NY. I have no solid documentation. Just a couple of witnesses that knows the situation.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Thank you for the reply.

If your ex goes to the authorities and reports you for benefits fraud, sooner or later you will be investigated for that. If they look at your records and determine that they overpaid you and that you may have withheld information about the size of your household and the sources of your income, they will contact you. Typically, they will send you a letter. That letter will acquaint you with the size of what they overpaid you and tell you that you're being investigated for a possible fraud. It will give you the opportunity to have a hearing with the investigator and address the allegations.

In order to find fraud, they will have to believe that you deliberately provided false information on your application in order to get more benefits than you were entitled to. If you choose not to go to the hearing, they will look only at their evidence and what your ex told them. If they find fraud, they will turn the file over to the DA's Office and you can be charged with a felony.

If you go to the hearing and can convince them that your ex was not residing with you during the time in question nor was he contributing to your support, or that you made a mistake in not disclosing the fact that he sometimes stayed with you because you were not getting money or support from him, and you offer to repay any overpayment you may have improperly obtained, you can prevent a prosecution. It is best to go to these hearings with a lawyer, since anything you say can otherwise be used against you.

But this is what would happen if the authorities are notified and investigate you. If a case does come to court, in my experience, which includes 30+ years of NYS criminal defense work, the prosecutor would in most cases offer you a plea involving probation and restitution for the overpayment if you are charged with the crime.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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