All Laws Decoded

Welfare and Unemployment Fraud in New Jersey

How New Jersey law treats welfare and unemployment fraud: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Work First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); N.J.S.A. 44:10-48(b)(8)-(9), (c); N.J.S.A. 30:4D-17(a)-(b); N.J.S.A. 43:21-16(a); N.J.S. 2C:20-2(b)

Welfare and unemployment fraudWork First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); intentional misrepresentation also brings disqualification for 6 months (first violation), 12 months (second) and permanently (third), and fraudulently claiming residence in two or more states brings a 10-year bar. Medicaid: willfully obtaining benefits one is not entitled to, or false statements or concealment to get benefits or payments, is a third-degree crime (3-5 years) with no presumption against prison for first offenders. Unemployment: a knowingly false statement or failure to disclose a material fact to obtain benefits carries a fine of 25% of the amount fraudulently obtained for each offense, in addition to other penalties. Theft of health-care benefits budgeted by the Department of Human Services is graded as theft (third degree under $75,000; second degree at $75,000 or more).
Medicaid: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=30%3A4D-17&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+30%3A4D-17%5D30%3A4D-17&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; unemployment: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=43%3A21-16&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+43%3A21-16%5D43%3A21-16&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . A New Jersey statute specific to SNAP fraud was not found in the sections read. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000.
Source: N.J.S.A. 44:10-48(b)(8)-(9), (c); N.J.S.A. 30:4D-17(a)-(b); N.J.S.A. 43:21-16(a); N.J.S. 2C:20-2(b)

More New Jersey criminal law

FAQ

What happens if you commit welfare or unemployment fraud in New Jersey?
Work First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); intentional misrepresentation also brings disqualification for 6 months (first violation), 12 months (second) and permanently (third), and fraudulently claiming residence in two or more states brings a 10-year bar. Medicaid: willfully obtaining benefits one is not entitled to, or false statements or concealment to get benefits or payments, is a third-degree crime (3-5 years) with no presumption against prison for first offenders. Unemployment: a knowingly false statement or failure to disclose a material fact to obtain benefits carries a fine of 25% of the amount fraudulently obtained for each offense, in addition to other penalties. Theft of health-care benefits budgeted by the Department of Human Services is graded as theft (third degree under $75,000; second degree at $75,000 or more).
Can I get a court-appointed lawyer for welfare and unemployment fraud in New Jersey?
New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1
How much does a lawyer for welfare and unemployment fraud cost in New Jersey?
Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for welfare and unemployment fraud in New Jersey?
How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.
Can a conviction for welfare and unemployment fraud be removed from my record in New Jersey?
Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.