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Intentional Program Violation is a penalty for lying. New York defines an IPV as an action by an individual to deliberately misrepresent, conceal, or withhold facts to obtain benefits they are not entitled to, or to increase the benefits they receive.
New York often uses an administrative disqualification hearing process to determine if an IPV occurred, though in some cases, it may be handled through the court system.
Applicable Programs
IPVs can occur in various programs, including:- Supplemental Nutrition Assistance Program (SNAP, formerly food stamps)
- Temporary Assistance (TA)
- Home Energy Assistance Program (HEAP)
- Child care subsidies
Common Types of Violations
- Providing False Information: This can involve lying about household income, the number of people living in the home, not listing the children's father on the documents, or other details that impact eligibility for benefits.
- Failing to Report Changes: Recipients are often required to report changes in their household composition, income, resources or other circumstances that could affect their eligibility. Failing to do so, even if the changes would not have immediately disqualified them, can be considered an intentional program violation.
- Concealing Assets: Hiding or undervaluing assets, such as savings accounts, real estate, or other valuable possessions, in order to meet the financial requirements for government assistance.
- Using benefits inappropriately (e.g., selling SNAP benefits).
- Using benefits outside of the state, such as using a New York Benefit card to see a doctor or shop in a different state.
Consequences of an IPV
The consequences of an IPV can include:
- Disqualification from the program (duration depends on the severity and number of offenses)
- Requirement to repay benefits obtained fraudulently
- Possible criminal charges in severe cases
Periods of Disqualification
- First offense: Generally, a 12-month disqualification
- Second offense: 24-month disqualification
- Third offense: Permanent disqualification from the program
IPV vs. Unintentional Error
New York, like many states, distinguishes between intentional violations and unintentional errors. The state also has prevention programs and education efforts to help recipients understand program rules and avoid violations. But just telling the investigator that you made a mistake may not be a good strategy.
Can You Go To Jail for an Intentional Program Violation
An intentional program violation (IPV) can potentially lead to criminal charges and jail time in some cases, especially if the violation is severe or involves a large amount of money. However, not all IPVs result in jail time. The outcome depends on several factors:
- Severity of the violation: Minor infractions are less likely to result in jail time than major fraud cases.
- Amount of benefits obtained fraudulently: Larger sums are more likely to trigger criminal prosecution.
- Prior offenses: Repeat offenders may face harsher penalties, including possible incarceration.
- Prosecutorial discretion: Local authorities decide whether to pursue criminal charges or handle the case administratively.
- Legal Representation Those who retain an attorney may be less likely to face jail time and have the case remain in an administrative provcess without being escalated to the district attorney's office.
If you're concerned about a specific situation, it's crucial to consult with a legal professional who can provide advice based on the details of your case. They can help you understand the potential consequences and guide you on how to proceed.
IPV Can be Handled Differently Depending on the County
The handling of intentional program violations (IPVs) can vary by county in New York State. Here's how county-level differences can impact IPV cases:
NYC Approach:
- New York City counties generally handle IPVs uniformly because they're under the jurisdiction of the New York City Human Resources Administration (HRA). The HRA's Bureau of Fraud Investigation (BFI) handles fraud cases for all five boroughs.
- Centralized investigation through BFI
- Often uses administrative processes for lesser violations
- Coordinates with the NYC Department of Investigation for more serious cases
- May refer cases to the appropriate District Attorney's office for criminal prosecution
Westchester County:
- Has its own Department of Social Services (DSS) Special Investigations Unit
- Often focuses on administrative remedies and disqualification hearings
- Coordinates with the District Attorney's office for criminal cases
- May have diversion programs for first-time offenders
Nassau County:
- Operates its own DSS Office of Investigations
- Known for aggressive pursuit of welfare fraud cases
- Often coordinates closely with the District Attorney's office
- May be more likely to pursue criminal charges compared to some other counties
Suffolk County:
- Has a dedicated DSS Investigation Unit
- Coordinates with the Suffolk County District Attorney's office
- Known for publicizing welfare fraud arrests as a deterrent
- May offer plea deals that include restitution and disqualification from programs
Key differences:
- Resources: Larger counties like those in NYC may have more resources for investigations.
- Prosecution threshold: The amount of fraudulent benefits that triggers criminal prosecution may vary.
- Diversion programs: Some counties may offer more alternatives to criminal prosecution than others.
- Publicity: Some counties (like Suffolk) may be more likely to publicize fraud cases.
- Coordination: The level of coordination between social services and law enforcement can vary.
It's important to note that while there are differences, all these counties follow New York State laws regarding IPVs. The main variations are in how aggressively they pursue cases and the thresholds for escalating to criminal charges.
If you're dealing with a specific case, it's crucial to consult with an attorney who specializes in public benefits law, as they will have the most up-to-date and detailed knowledge of how these issues are currently being handled in each specific county.
Most people being accused of an intentional program violation do not have experience dealing with this kind of situation and will do well to call an attorney and possibly retain legal representation.
We at the Law Offices of Albert Goodwin have experience defending clients against allegations of intentional program violation. We are located in Midtown Manhattan in New York, NY and serve New York City and the surrounding counties. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 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].
