Social Security Fraud — Federal Law

Posted by & filed under Crimes Defined, Federal Crimes.

 

Social Security Fraud — 42 U.S.C. § 408

Social Security Fraud is the result of deliberate deception, and arises when an applicant falsifies a document or record offered as proof of disability, or misrepresents material facts on an application for benefits. Fraud can also be the result of omission when a beneficiary fails to report a change in circumstance, such as marriage, a new source of income, incarceration, removal from custodial care, or failure to report the death of a parent or spouse, while continuing to spend checks or direct deposits.

List of examples of violations that could result in criminal prosecution for Social Security fraud:

 

• furnishing false information of identity in connection with the establishment and maintenance of Social Security records, or with the intent to gain information as to the date of birth, employment, wages, or benefits of any person;

• forging or falsifying SSA documents;

• conspiring to obtain or allow a false, fictitious, or fraudulent claim;

• using a Social Security Number (SSN) obtained on the basis of false information or falsely using the SSN of another person, for the purpose of obtaining or increasing a payment under Social Security or any other federally funded program, or for any other purpose;

• altering, buying, selling, or counterfeiting a Social Security card;

• making or causing to be made a false statement or representation of a material fact for use in determining rights to Social Security benefits, Medicare, Supplemental Security Income, or Black Lung benefits;

• making or causing to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under the Social Security Act;

• making or causing to be made any false statement or representation as to whether wages were paid or received, the amount of such wages, the period during which wages were paid or received, or the person to whom such wages were paid;

• making or causing to be made any false statement or representation as to whether net earnings from self-employment were received, the amount of such earnings, the period during which such earnings were received, or the person who received them;

• concealing or failing to report any event affecting the initial or continued right to payment received, or to be received by a person individually or on behalf of another;

 

What is the penalty for Social Security Fraud?

Pay a fine or be imprisoned for not more than 5 years, or both.
The Court may order the payment of restitution.

 

Legal Representation

If you or a loved one has been indicted for a Federal Crime, Contact our New Orleans social security fraud attorney for a consultation. We are ready to help you.

 

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