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Pre-Filing Public Assistance Fraud Cases

Public assistance programs, such as the Temporary Assistance for Needy Families (TANF), the Supplemental Nutrition Assistance Program (SNAP, food stamps), Medicaid programs, Social Security Disability programs, Disaster Relief programs, and school programs such as School Readiness and voluntary pre-kindergarten, are all designed to help those in need get back on their feet. 


Unfortunately, these systems are no stranger to being abused. Defrauding a public assistance program is a serious crime in the state of Florida, and overzealous investigators can make an entire career out of seeking it out. Fortunately, the pre-filing stage of public assistance fraud cases come with a myriad of opportunities that an experienced defense attorney like Will Hanlon can take advantage of to advocate on your behalf. 


If you’ve been arrested for public assistance fraud, or suspect that you’re under investigation, call Hanlon Law in Lakeland today to schedule a free consultation. 


What is Public Assistance Fraud?


Florida Statute 414.39 defines public assistance fraud (also known as welfare fraud) as falsely representing your personal information, assisting another person in falsely representing their personal information, or using another person’s personal information as your own, to obtain public assistance you or they would otherwise not be granted.


“Falsely representing personal information” is a broad description, and can include accidental misrepresentations, such as forgetting to update your annual income after getting a raise, as well as intentional defrauding schemes, such as intentionally lying about the number of members in your household. 


Using someone else’s information as your own to defraud a public assistance program can also lead to identity theft charges if that person did not know or consent to the use. If that person was aware of and consented to your actions, they could also be charged with this kind of fraud. 


Lastly, public assistance fraud also includes any false use or obtaining of food stamps. So for example, lying about your household income to get extra food stamps would qualify, but so would forging your own food stamps, or using food stamps from someone else. 


What Are the Consequences of Public Assistance Fraud?


As with most fraud crimes, the sentencing for public assistance fraud will depend on the monetary value of whatever was fraudulently obtained. So, for example, the total amount of money the food stamps you forged were worth. 


Depending on this value, the consequences are as follows: 


  • Less than $200 – charged as a first-degree misdemeanor, punishable by up to 1 year in prison and a $1,000 fine
  • Between $200 and $20,000 charged as a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine
  • Between $20,000 and $100,000 charged as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine
  • Greater than $100,00 charged as a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine


What Is the Pre-Filling of Public Assistance Fraud Cases?


“Pre-filing” just refers to the steps that precede an official charge. This includes things like preliminary investigations by the prosecution, defining the crime, and no shortage of paperwork. 


There are plenty of steps throughout the pre-filing process that an experienced defense attorney may be able to take advantage of on your behalf. For example, before charges can be filed, the prosecution must first determine what specific crime you are going to be charged with. Most crimes have increasing levels of severity, with increasingly severe punishments. Before the crime has been defined, your lawyer may be able to speak with the prosecuting attorney to negotiate a lesser charge with a lesser sentence. 


The pre-filing stage is also an opportunity for your attorney to negotiate a plea deal, which involves you pleading guilty to a lesser charge to secure a lesser sentence and avoid the possibility of a guilty verdict on a more severe charge with more severe sentencing. 


It’s important to note that the pre-filing stage of any case can begin before or after an arrest. If you haven’t been arrested yet, you can still be under investigation. Anything you say to investigators can be used against you, so never forget that you have the right to remain silent. If an officer tries to intimidate you into “going down to the station” to “make an official statement,” your best course of action is to politely decline until you have spoken with an attorney. 


If you have been arrested, then the pre-filing stage of your case has begun, and it’s time to contact a lawyer if you haven’t already. Your right to remain silent still applies, so never speak to anyone without legal representation present. Don’t answer any questions or provide any information until an experienced defense attorney can advise you on the best way forward. 


Lakeland Criminal Defense Lawyers


Will Hanlon with Hanlon Law has nearly twenty years of experience defending the accused. With our dedicated legal team’s aggressive approach, we’ll help you formulate the best possible defense to secure the best possible outcome. If you’ve been charged with public assistance fraud, or suspect you may be under investigation for it, contact Hanlon Law today.

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