Defense Against Social Security and Welfare Fraud Charges in Seattle and Throughout Washington
If you are under investigation or have been charged with Social Security or welfare fraud in Seattle, Jennifer Horwitz Law is prepared to defend you in both state and federal court. A Seattle white collar crime attorney can step in early, protect your rights during an interview or audit, and challenge the government’s claim that you knowingly misled a benefits program. These cases turn on what you knew and whether you acted willfully, and Jennifer builds a defense that tests every assumption the prosecution makes about your state of mind.
Why Choose Jennifer Horwitz Law?
Benefits fraud accusations are rarely as simple as the government suggests. A missed report or a misunderstood rule is not the same as intent to steal, and Jennifer knows how to draw that line for a prosecutor, a judge, or a jury.
- Jennifer steps in before charges are ever filed. Benefits cases usually begin with an investigator’s phone call or a knock at the door, not an arrest. Jennifer is experienced at representing people during the pre-charging phase, and at representing witnesses who have been subpoenaed to a federal grand jury. That is the window when the right response can end a case before it starts.
- Both courthouses, one attorney. Jennifer has spent decades in Washington state criminal courts and over twenty years working on federal criminal cases, so your defense doesn’t change hands depending on which court has jurisdiction of your case.
- Federal practice is her home court. Other lawyers rely on Jennifer as local counsel to appear in cases in U.S. District Court for the Western District of Washington, and she co-authored a manual on federal criminal practice there.
- Recognized by her peers. Named to the 2024 Super Lawyers list, including its Top Women Attorneys, and a member of both the national and Washington associations of criminal defense lawyers.
- Your case never gets handed off. Jennifer handles every phase herself, from the first investigator contact through resolution. You will not be passed to a junior associate or meet your lawyer for the first time at a hearing.
The stakes are bigger than the alleged loss amount. A benefits fraud conviction can mean restitution, disqualification from the programs you depend on, immigration consequences, and a fraud conviction on your record that follows you into every job application. Prosecutors often treat these cases as paperwork; you cannot afford to. The sooner Jennifer understands what happened, the more options remain on the table.
What Counts as Social Security or Welfare Fraud?
Social Security and welfare fraud both involve accusations that a person obtained public benefits they were not entitled to receive. The programs differ, and so do the laws that govern them.
Federal Social Security programs include retirement and disability benefits under Title II and Supplemental Security Income, known as SSI, for people who are aged, blind, or disabled. Washington’s public assistance programs include cash aid, medical care, and food assistance administered by the state.
Most charges arise from ordinary life changes that were never reported, not elaborate schemes. Common allegations include:
- Failing to report income, work activity, or a return to work while receiving disability benefits
- Not disclosing a change in household, marital status, or living arrangement
- Continuing to receive or cash benefits belonging to someone who has died
- Misusing benefits received on behalf of another person as a representative payee
- Providing false information on an application for aid, medical coverage, or food assistance
What these allegations share is a question of intent, not arithmetic. The distance between owing money back and committing a crime is exactly where a defense is built.
How Washington Prosecutes Welfare Fraud
Washington treats public assistance fraud seriously. Under state law, obtaining or attempting to obtain public assistance through a willfully false statement, impersonation, a willful failure to reveal a material fact affecting eligibility, or a willful failure to report a change in income, resources, or household is charged as theft in the first degree.
Theft in the first degree is a class B felony in Washington. The older welfare-fraud penalty language still refers to a fifteen-year term, but that figure reflects an earlier version of the law. Washington now caps a class B felony at ten years, and the actual sentence is usually driven by the Sentencing Reform Act grid, which considers the seriousness of the offense and the person’s criminal history. For someone with no criminal history, the standard range for theft in the first degree starts at 0 to 90 days.
Investigations often begin inside the state’s own agencies. The Washington State Department of Social and Health Services runs an Office of Fraud and Accountability that detects, investigates, and refers public assistance fraud for prosecution while working to recover any overpayment.
That office focuses on cash assistance, food benefits, and childcare. Medical coverage cases can come from a different direction, because Washington’s Apple Health program is managed by the Health Care Authority. An investigator may contact you, request documents, or ask you to explain a discrepancy long before any charge is filed.
How Federal Social Security Fraud Is Charged
When benefits come from the Social Security Administration, the case is federal. The main statute makes it a felony to knowingly make false statements to obtain or increase Social Security payments, to conceal an event that affects your right to benefits, or to convert someone else’s benefits to your own use. A conviction generally carries up to five years in federal prison, along with fines and an order to repay what was wrongly received. SSI fraud is punished under a companion statute that carries the same five-year exposure.
Federal cases are investigated by the Social Security Administration’s Office of the Inspector General, often alongside other federal agencies. Federal court moves differently from state court, with its own rules, sentencing guidelines, and prosecutors. Jennifer has nearly two decades of experience handling federal criminal cases in the U.S. District Court for the Western District of Washington, and that experience matters when the government brings its full resources to bear.
What Are the Defenses to a Benefits Fraud Charge?
Benefits fraud cases turn on your state of mind, not just on the numbers. Washington’s public assistance statute requires the state to prove that a false statement was willfully false, or that a failure to report a change was willful. Federal Social Security fraud charges require proof that you knew a statement was false, or that you concealed something in order to keep money you were not entitled to.
In both systems, a mistake or sloppy bookkeeping or billing practices do constitute a crime. That requirement is often where these cases break down. Jennifer examines whether an alleged misstatement was actually a mistake, a paperwork error, or a reasonable misunderstanding of confusing eligibility rules.
There is also a deadline on the government’s side. Every one of these charges has a time limit, and the limits are different in state and federal court. Benefits cases often reach back over years of paperwork, so part of the first review is checking whether some or all of what the government is describing is already too old to charge.
Other defenses may include a lack of the required intent, reasonable reliance on incorrect guidance from an agency, an overpayment that resulted from the agency’s own error rather than any deception, or a dispute over whether the reporting requirement even applied to your situation. In many cases, what looks like fraud is really an administrative overpayment that belongs in a civil repayment process, not a criminal courtroom.
Talk With a Seattle Social Security and Welfare Fraud Attorney
If you are facing a Social Security or welfare fraud investigation or charge in Seattle or anywhere in Washington, the time to act is now, before you speak with an investigator alone. As an experienced Seattle fraud defense lawyer, Jennifer offers in-depth, one-hour paid consultations so you can understand your situation and your options in confidence. Contact Jennifer Horwitz Law or visit the Consultation Station to schedule your session.
Frequently Asked Questions
Is Social Security fraud a state or federal crime?
Social Security benefits come from a federal program, so Social Security fraud is charged in federal court under federal law. Washington public assistance programs, such as state cash aid and medical coverage, are usually charged in state court. Food assistance is different. Because it is federally funded, food benefits fraud can be charged federally, where the maximum penalty is much higher than the state equivalent. Some situations draw the attention of both state and federal authorities, which is why early legal guidance matters.
Can I go to prison for welfare fraud in Washington?
Yes, in theory. Washington charges public assistance fraud as theft in the first degree, which is a class B felony carrying a maximum of ten years. But the maximum is not what most people face. Washington uses a sentencing grid, and the range a judge starts from is set by the seriousness of the offense and your criminal history. Theft in the first degree sits at a low seriousness level, so a person with no prior record starts at a standard range of zero to ninety days. The dollar amount matters in other ways. It drives what you may owe back in restitution, and a very large loss can give a prosecutor an argument for a sentence above the standard range.
What should I do if an investigator contacts me about my benefits?
Politely decline to answer questions and speak with a criminal defense attorney before you say anything. Investigators from state and federal agencies are gathering evidence, and statements you make in an interview can be used against you. Contacting a lawyer early gives you the best chance to protect your rights and shape the outcome.