In the state of Massachusetts when an individual is suspected of committing benefits fraud by the State Auditor’s Office, the Bureau of Special Investigations (BSI) is tasked with investigating fraud allegations. BSI investigates allegations of fraud involving Mass Health, programs run by the Department of Transitional Assistance including (SNAP Benefits, Summer EBT Program, Cash benefits TAFDC/EAEDC and Healthy Incentives Program (HIP)) and the Department of Early Education and Care (EEC).
Public Assistance Fraud Letter
When the BSI decides through their investigation that some degree of benefits fraud exists their first step in most cases is to send a letter to the accused. The letter which is titled “Opportunity To Interview for Civil Recovery Disposition” states the name of the individual being accused of the benefits fraud as well as the alleged overpayment amount related to the benefits received. This letter gives you seven days to set up an appointment to speak to a “Fraud Examiner” with respect to the fraud that you are being accused of.
Upon receipt of such a letter, it is essential that you immediately reach out to an attorney experienced in this area to assist in addressing the accusations. Often a reasonable explanation can be given, which may alleviate the accused of any repayment of benefits either in part or in whole.
Responding to Welfare Fraud Charges
Another reason it’s so important to hire an attorney to assist you in responding to a BSI investigation is failure to respond, or offering an incomplete or incorrect explanation could potentially lead to criminal prosecution. Depending on the extent of benefits which you are accused of fraudulently obtaining could result in felony charges, probation, fines, restitution and ultimately a committed jail sentence. Additionally, it’s critical to have a qualified attorney represent you when interviewing with the BSI because any statements which are made by you at the interview could be used against you if a case was referred for criminal prosecution.
Get Representation from a Public Benefits Fraud Attorney
Through the gathering of documentation, as well as speaking to a Fraud Examiner prior to your interview, our attorneys can assist in preventing you from being
charged criminally. We do so by providing the fraud examiner with calculated evidence meant to show that either no fraud existed and that you were entitled to those benefits, or in the alternative that you were unaware that for one reason or another that you were not entitled to the benefits and that there were no intentional misrepresentations made to receive those public benefits.
BSI has reported Benefits Fraud in the amount of $6,445,744.00 for FY 24 and over $12,322,688.00 for FY 23. If you have received an Opportunity to Interview for Civil Recovery Disposition letter from the Auditor of The Commonwealth it is critical that you get in touch with our experienced team of attorneys who will defend you against the governments accusations.