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I've got a letter from nyc public assistance fraud investigator

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to see him this coming...
I've got a letter from nyc public assistance fraud investigator to see him this coming Wednesday. Last year I opened a case with PA after my unemployment insurance payments finished. Investigator is asking for bank statements including my IRA roll-over account which I opened with 401k funds after being laid off. At the time of submitting application I mentioned about these funds but did not have account number on me. I was told not to worry about it and never was asked again. Did I commit a fraud when received public assistance while having those roll-over retirement money in the bank?
Irina N. Brooklyn, NY
Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
I hope for a free trial on your services. How long time do I have to decide if I want to keep the subscription?
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4/19/2016
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,084
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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For public assistance they can count all available assets. For a 401K rollover to an IRA, they will look at those funds as available assets if it was over $3600. If you reported it to them when applying for assistance, then they will not likely pursue criminal charges for fraud, but that is up to the investigator and whether they find you intended to defraud (does not sound like you had any such intent).
However, because there is a possibility of criminal charges for fraud YOU ABSOLUTELY SHOULD NOT GO IN WITHOUT AN ATTORNEY, you have a right to remain silent and to be represented and anything you tell the investigator will be turned over to the DA to review for prosecution. Even if you did nothing illegal or it was a mistake made by the agent taking in your claim, you need to have a local attorney going to this meeting with you and while I understand that funds may be tight for you, this is important enough that you need to have a local attorney go with you to represent you in this meeting to protect your legal rights and so you do not say anything that could potentially incriminate you, even if you are trying to explain yourself.
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Customer reply replied 1 year ago
What kind of attorney I should look for, civil or criminal?
Customer reply replied 1 year ago
And if offered to repay, how much room for negotiation I may have?
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
You should have a criminal attorney because there are criminal implications to this. If you have to repay, generally they will take a reasonable payment plan. As far as negotiations, if you can prove you did disclose the 401K and it was their employee who said to not worry about it, you have room to negotiate away any penalties, but would likely have to still pay the interest due on any repayment.
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Customer reply replied 1 year ago
Thank you. That would be all, no need for a phone conversation.
Customer reply replied 1 year ago
I hope this experience would not cost me the membership charge.
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
You do not have a subscription, but please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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