NCJ Number
204671
Journal
United States Attorneys' Bulletin Volume: 49 Issue: 6 Dated: November 2001 Pages: 1-5
Date Published
November 2001
Length
5 pages
Annotation
This article challenges misconceptions about the viability of prosecuting Social Security fraud cases, discusses the application of the Social Security felony fraud statutes as prosecution tools, and identifies additional Federal statutes that the Government has traditionally used to prosecute fraud against Social Security Administration (SSA) programs.
Abstract
Most Social Security fraud schemes involve some form of false statement and fraudulent claim for payment, and others are perpetrated through false identities, multiple Social Security numbers, and fictitious injuries or health issues. Although some U.S. Attorney's Offices have given low priority to such cases in the belief that the prosecuting of elderly individuals with limited resources has no jury appeal, the author has found that grand juries and trial juries have low tolerance for any Social Security offender, regardless of age, gender, or disability, largely because most citizens who serve on juries know that their future financial security depends on a robust and secure Social Security system. Further, some U.S. attorneys are reluctant to pursue Social Security fraud cases because they are perceived to be complex and time-consuming. In fact, most Social Security fraud cases can be prosecuted by using familiar Federal criminal law statutes found in Title 18, without relying on the two Social Security felony fraud statutes found in Title 42. Most fraud that involves Social Security benefits programs results from deliberate deception and arises when an applicant falsifies a document or record offered as proof of disability or misrepresents material facts, such as paternity, on an application for benefits. Fraud can also result from an omission, such as when a beneficiary fails to report a change in circumstance or conceals a material event. Significant unreported events might include securing a new job, getting married, being incarcerated, or failing to report the death of a family member who is in active benefit status. This article outlines the elements of a concealment case and also explains a felony statute provision aimed at prosecuting fraud related to Social Security Supplemental Security Income (SSI). The article concludes with a discussion of the application of Title 18 to Social Security fraud cases.