The days of cut and dried cases of benefit fraud are long gone. Changes in benefit structures, plans and procedures have resulted in some people being charged with fraud who had no intention of committing fraud. It has also opened the door for other people to commit even greater acts of benefit fraud than ever before. What you cannot do is assume that you know what has happened until you have looked at all the influencing factors in the case being made.
Who commits benefit fraud?
While the public and media have a continued perception of the majority of benefit fraud being committed by those trying to take advantage of social welfare systems, some of the greatest cases feature multi-million dollar salaried CEOs and high powered city officials. In fact, some of the most complicated cases come out of city hall. When it comes to benefit fraud among the welfare class over half of the cases stem from a misunderstanding of the regulations, or a simple desire to try and get by a little easier. With careful planning, these charges can be reduced easily. It is the higher value fraud that involves public trust that you have to be most careful about.
What if the fraud hasn’t happened but is planned?
According to experts from http://www.dreishpoon.com/, personal injury attorney queens ny, There have been several precedents in recent years of city officials being charged with benefit fraud that hasn’t even happened yet. Certain approvals of benefit packages that are in direct violation of the federal or state law are frequently approved by councils. This can be difficult to defend against as the power of public opinion can swiftly swing against you. The best bet is to look toward the intent. Top accident and personal injury law.
What if the benefit itself is the fraud?
If the charges stem from the benefit itself being determined to be the fraud then you also have to consider intent as well. There were numerous cases of former city service persons being charged with criminal fraud because they were collecting a pension and salary, along with disability. This wasn’t something that was unheard of or unacceptable in the 80s and 90s, but the crash of the economy turned this type of compensation into a criminal activity. The difficulty with defending against a charge of criminal benefit fraud is that so much of the criminality is determined not by law, but by public opinion. Being aware of the trend of opinion in the area is going to help you determine the course of your defense.