El Dorado County Municipal Code Art. VII Fraud

Any person who knowingly, and with intent to deceive or defraud, makes false statements, provides false information, fails to disclose information, buys or receives a voucher, invoice, or similar document issued for services or merchandise, or otherwise obtains or attempts to obtain assistance under the provisions of this chapter to which they are not otherwise entitled shall be considered to have committed fraud.

(Code 1997, § 2.63.370)

A. All persons suspected of committing fraud shall be immediately referred for investigation in accordance with procedures established by the Agency.

B. Upon completion of investigation, and upon a determination that suspected fraud exists, persons determined to have committed fraud shall be referred to the District Attorney. The matter shall be referred to the District Attorney for prosecution and restitution according to procedures established between the two departments.

C. Those fraud cases which do not meet the criteria established by the District Attorney's office for the purposes of prosecution shall be determined by the Agency to be an intentional program violation (IPV). Actions which constitute an IPV and are subject to the fraud penalties provisions of Article VIII of this chapter include, but are not limited to:

1. Falsely obtaining general assistance by filing simultaneous applications for and or receipt of general assistance in two or more jurisdictions, including within the County;

2. Falsely obtaining general assistance by filing simultaneous applications for and or receipt of general assistance in the County using two or more names and or social security numbers;

3. Failure to report application for or receipt of income which would reduce the general assistance grant or render the general assistance household ineligible for general assistance;

4. Failure to report anticipated income which would reduce the general assistance grant or render the general assistance household ineligible for general assistance;

5. Falsely filing application for or receipt of general assistance for persons who are not a part of the general assistance household;

6. Falsely filing application for or receipt of general assistance while owning unreported property which renders the general assistance household ineligible;

7. Falsely providing evidence substantiating incapacity;

8. Falsely applying for SSI or SSP to avoid employment participation requirements;

9. Falsely providing evidence regarding immigration status;

10. Falsely providing evidence or information about the responsible relatives' or alien sponsors' resources or income;

11. Falsely providing any information used in determining the household's eligibility for general assistance, including all eligibility criteria described in this chapter.

D. Any person determined by civil, criminal, or administrative proceedings to have committed an IPV for either illegally receiving or attempting to receive general assistance shall automatically be ineligible to future general assistance according to the fraud penalties provisions of Article VIII of this chapter. In addition to these penalties, court-ordered penalties of up to and including permanent ineligibility that result from civil, criminal, or administrative proceedings shall be applied. Any person convicted of any criminal offense related to obtaining general assistance shall be deemed to have committed an IPV.

(Code 1997, § 2.63.380)