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Attorney for Public Assistance Fraud
Being accused of public assistance fraud in New York City can be a life-altering experience. What may have begun as a misunderstanding about reporting requirements or eligibility can quickly escalate into a criminal investigation, restitution demands, and permanent disqualification from benefits you and your family rely on. If you have received a notice from the Human Resources Administration (HRA), been contacted by the Bureau of Fraud Investigation (BFI), or been charged with welfare fraud, you need experienced legal representation immediately.
Our New York City public assistance fraud defense attorneys understand the complex intersection of administrative law, criminal procedure, and benefits regulations. We have successfully defended clients facing investigations and charges related to SNAP, Medicaid, cash assistance, housing benefits, and other public programs throughout the five boroughs.
What Is Public Assistance Fraud Under New York Law?
Public assistance fraud occurs when an individual is alleged to have knowingly provided false information, withheld material facts, or failed to report changes in circumstances in order to obtain benefits to which they were not entitled. In New York, these allegations can be pursued through administrative proceedings, civil recovery actions, or criminal prosecution — and often, all three simultaneously.
Common programs targeted in fraud investigations include:
- Supplemental Nutrition Assistance Program (SNAP) — formerly known as food stamps
- Medicaid — including allegations involving recipients and providers
- Temporary Assistance for Needy Families (TANF) and Safety Net Assistance
- NYCHA and Section 8 housing benefits
- Home Energy Assistance Program (HEAP)
- Child care subsidies
- Unemployment insurance benefits
How Public Assistance Fraud Cases Begin in New York City
Most cases start with the HRA's Bureau of Fraud Investigation, which conducts data matches comparing reported income with wage records, bank account information, and other government databases. Investigators may also act on anonymous tips, referrals from caseworkers, or routine eligibility reviews.
You may first learn of an investigation through:
- A letter requesting a recipient interview at an HRA office
- A subpoena for bank records or employment documentation
- A home visit from a fraud investigator
- A Notice of Intent to Discontinue or Reduce benefits
- A grand jury subpoena or arrest by the District Attorney's office
If you are contacted by a fraud investigator, do not answer questions or sign any documents without speaking to an attorney first. Statements made during these interviews are routinely used to support criminal charges and recovery demands.
Criminal Charges for Welfare Fraud in New York
Depending on the amount of benefits allegedly obtained improperly, public assistance fraud can be charged under several New York Penal Law provisions, including:
- Welfare Fraud in the Fifth Degree (PL § 158.05) — a Class A misdemeanor for any amount
- Welfare Fraud in the Fourth Degree (PL § 158.10) — a Class E felony for amounts exceeding $1,000
- Welfare Fraud in the Third Degree (PL § 158.15) — a Class D felony for amounts exceeding $3,000
- Welfare Fraud in the Second Degree (PL § 158.20) — a Class C felony for amounts exceeding $50,000
- Welfare Fraud in the First Degree (PL § 158.25) — a Class B felony for amounts exceeding $1,000,000
Prosecutors frequently add related charges such as Grand Larceny, Offering a False Instrument for Filing, Forgery, and Identity Theft. The Manhattan, Bronx, Brooklyn, Queens, and Staten Island District Attorneys all maintain specialized units that handle these prosecutions.
Potential Consequences You May Face
The consequences of a public assistance fraud conviction extend far beyond the criminal sentence. Clients we represent are often most concerned about the collateral effects, which can include:
- Incarceration of up to 25 years for first-degree welfare fraud
- Felony record affecting employment, licensing, and housing
- Mandatory restitution of the full alleged overpayment
- Disqualification from SNAP and other federal benefits
- Immigration consequences, including deportation for non-citizens
- Loss of professional licenses, particularly for healthcare workers
- Civil judgments and wage garnishment by HRA
- Termination from NYCHA or Section 8 housing
Defenses to Public Assistance Fraud Charges
Many public assistance fraud cases involve circumstances that are not truly criminal in nature. New York law requires the prosecution to prove that the defendant knowingly and with intent to defraud obtained benefits through false statements or omissions. Genuine mistakes, misunderstandings of complex eligibility rules, and clerical errors are not crimes.
Defenses we routinely investigate include:
- Lack of intent — many recipients genuinely misunderstood reporting requirements or believed they were complying
- Caseworker error — HRA caseworkers sometimes provide incorrect advice or fail to record reported changes
- Disputed household composition — whether a household member was actually contributing income
- Income calculation disputes — gross versus net, irregular work, or non-countable income
- Statute of limitations issues
- Constitutional violations in how evidence was obtained
The Administrative Disqualification Hearing
Even without criminal prosecution, HRA may seek to impose an Intentional Program Violation (IPV) through an Administrative Disqualification Hearing (ADH). A first IPV results in a 12-month SNAP disqualification; a second results in 24 months; and a third results in permanent disqualification. These hearings carry a lower burden of proof than criminal cases, and many recipients unwittingly waive their rights by signing disqualification consent agreements presented by investigators.
Our attorneys represent clients at ADH proceedings, fair hearings before the Office of Temporary and Disability Assistance (OTDA), and in negotiations with HRA's Office of Legal Affairs to minimize or avoid disqualification.
How Our New York City Attorneys Can Help
Early intervention by an experienced attorney can often resolve a public assistance fraud matter before it becomes a criminal case. We work to:
- Halt voluntary statements by communicating directly with investigators on your behalf
- Negotiate civil repayment agreements that avoid criminal prosecution and IPV findings
- Challenge overpayment calculations that frequently overstate the actual amount owed
- Seek pretrial diversion programs where available, particularly for first-time offenders
- Negotiate plea agreements that preserve eligibility for benefits and avoid felony convictions
- Litigate dismissals and suppression motions where the prosecution's case has constitutional or evidentiary weaknesses
- Represent clients at trial when no acceptable resolution is possible
Why Choose Our Firm
Public assistance fraud cases require an attorney who understands both criminal defense and the regulatory framework governing New York benefits programs. Our firm brings substantial experience in both areas, allowing us to identify defenses and opportunities that general practitioners often miss. We handle cases in all five boroughs and appear regularly before HRA, OTDA, and the New York City criminal and supreme courts.
We approach every client with discretion and respect. Many of our clients are working parents, elderly New Yorkers, and individuals managing disabilities or family crises — not the stereotypes prosecutors sometimes invoke. Our job is to tell your story accurately and protect your future.
Contact a New York City Public Assistance Fraud Attorney Today
If you are under investigation or have been charged with public assistance fraud anywhere in New York City, the decisions you make now will shape the outcome of your case. Contact our office to schedule a confidential consultation. We will review your situation, explain your options, and begin building a defense designed to protect your liberty, your benefits, and your reputation.
You can contact us by phone at 212-233-1233 or by email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
