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Welfare and Unemployment Fraud in Rhode Island

How Rhode Island 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: Obtaining or trying to obtain public assistance (or food stamps/SNAP) by any fraudulent device, or willfully failing to report income or resources, is larceny: up to 5 years and/or a fine of up to $1,000 if the benefits wrongly obtained exceed $500, and less than 1 year and/or up to $500… R.I. Gen. Laws §§ 40-6-15, 40-6-16, 28-42-62.1

Welfare and unemployment fraudObtaining or trying to obtain public assistance (or food stamps/SNAP) by any fraudulent device, or willfully failing to report income or resources, is larceny: up to 5 years and/or a fine of up to $1,000 if the benefits wrongly obtained exceed $500, and less than 1 year and/or up to $500 if $500 or less. A person convicted of food stamp fraud is barred from the program for 6 to 24 months as set by the court (the rest of the household stays eligible). Making knowingly false statements to get unemployment benefits is a misdemeanor punishable by up to 1 year and/or a fine of $1,000 or double the fraud amount, whichever is greater, and the department adds a 15% penalty on fraudulent overpayments.
Food stamps: https://webserver.rilegislature.gov/Statutes/TITLE40/40-6/40-6-16.htm ; unemployment: https://webserver.rilegislature.gov/Statutes/TITLE28/28-42/28-42-62.1.htm (last amended by P.L. 2015, chs. 101 and 113).

More Rhode Island criminal law

FAQ

What happens if you commit welfare or unemployment fraud in Rhode Island?
Obtaining or trying to obtain public assistance (or food stamps/SNAP) by any fraudulent device, or willfully failing to report income or resources, is larceny: up to 5 years and/or a fine of up to $1,000 if the benefits wrongly obtained exceed $500, and less than 1 year and/or up to $500 if $500 or less. A person convicted of food stamp fraud is barred from the program for 6 to 24 months as set by the court (the rest of the household stays eligible). Making knowingly false statements to get unemployment benefits is a misdemeanor punishable by up to 1 year and/or a fine of $1,000 or double the fraud amount, whichever is greater, and the department adds a 15% penalty on fraudulent overpayments.
Can I get a court-appointed lawyer for welfare and unemployment fraud in Rhode Island?
Rhode Island's rule on court-appointed lawyers: The state Office of the Public Defender must represent and act as attorney for indigent defendants in criminal cases referred by the supreme, superior and district courts (and listed family court cases). An indigent defendant is a person who, after payment of necessary expenses for food, shelter and medical care, lacks sufficient income or assets to retain counsel and has no one legally responsible for his or her support who has such income or assets. To qualify, the applicant swears to an affidavit to that effect; the public defender may request further financial information or documents and investigate, and if the person is not indigent, notifies the referring court. False representation is penalized under § 12-15-11. R.I. Gen. Laws §§ 12-15-3, 12-15-8, 12-15-9
How much does a lawyer for welfare and unemployment fraud cost in Rhode Island?
Lawyers set their own fees, and Rhode Island has rules on how they may charge. See hiring a criminal defense lawyer in Rhode Island for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for welfare and unemployment fraud in Rhode Island?
How release before trial works in Rhode Island: All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, for offenses involving the use or threat of use of a dangerous weapon by one already convicted of a qualifying offense (as the section specifies), or for listed controlled-substance offenses (such as trafficking, possession with intent to distribute, or possession punishable by ten or more years), when the proof of guilt is evident or the presumption great. There is no constitutional right to bail pending appeal of a conviction. A justice of the supreme, superior or district court may release a person held on a criminal charge on recognizance in the sum named in the process or, if none, any sum the justice deems reasonable. Surety, or a deposit of ten percent (10%) of the bail set with the court, is the sole monetary condition of release; a court may not require a cash deposit as the sole monetary condition (except where court-imposed restitution is owed), and a deposit is returned if the defendant appears as required. R.I. Const. art. I, § 9; R.I. Gen. Laws §§ 12-13-1, 12-13-10 What happens after an arrest.
Can a conviction for welfare and unemployment fraud be removed from my record in Rhode Island?
Each state sets its own rules for sealing or expunging records. See Rhode Island 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.