Logo
Searching Tips

When searching Forecite California, there are shortcuts you can take to find the information you are looking for:

1. By Code Section:

Forecite uses standard abbreviations for different types of codes. Those abbreviations can be found below:

Codes:
CCR California Code of Regulations
Corp C Corporations Code
EC Evidence Code
FG Fish and Game Code
GC Government Code
HN Harbors & Navigation Code
HS Health & Safety Code
PC Penal Code
RT Revenue & Tax Code
VC Vehicle Code
WI Welfare & Institutions Code

Using these codes to search is very simple. For example, if you wanted to search for Penal Code section 20, you would type PC 20 into the search box.

2. By CALJIC Number:

Since Forecite is indexed to CALJIC, searching for CALJIC numbers is easy. For example, to search for CALJIC 3.16, you would type 3.16 into the search box.

3. By Case Name or Citation:

To find a case or citation, simply enter all or part of the case’s citation. Since many cases are known only by one name involved, it is often helpful to not search for the entire citation. For example, if you were searching for references to People v. Geiger (84) 35 C3d 510, 526 [199 CR 45], you could search for People v. Geiger or just Geiger. Searching for Geiger might be more helpful since it would find references to the case that do not include the full citation.

  • Contact Us
  • Log In
  • My Account

  • Home
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Verdicts & Settlements
  • News & media
  • Blog
  • Contact

Back to  Previous Page
Back to top

Return to Non-CALJIC Offenses – Contents

F 18.16 n1  Welfare Fraud:  Sufficiency Of Aiding and Abetting Evidence.

In People v. Crow (93) 6 C4th 952, 963 [26 CR2d 1], the court held that the purchase of a post office box with a false name was sufficient evidence from which the jury could reasonably infer that the defendant gave the false address to assist his companion in welfare fraud by deceiving county officials into believing that the defendant was not residing with his companion.


F 18.16 n2  Welfare Fraud – Food Stamps:  Knowledge Element (WI 10980(g)).

Sale, purchase or use of food stamps in violation of WI 10980(g) requires that the defendant know the transfer was unauthorized by law.  Although there is no California authority on this point, the federal courts have addressed the issue in the context of a nearly identical federal statute and held that the prosecution must prove that the defendant knew that the acquisition or possession of food stamps was unauthorized by law.  (See Liparota v. U.S.(85) 471 US 419, 433-34 [85 LEd2d 434; 105 SCt 2084]; see also, U.S. v. Pollard (6th Cir. 1984) 724 F2d 1438.)  [See Brief Bank # B-672 and ask for Opinion Bank # O-194 for additional briefing and an unpublished opinion on this issue are available to FORECITE subscribers.  Ask for  and .]  CD-ROM subscribers can access this briefing by searching for B-672..]


F 18.16a

Welfare Fraud

(WI 10980(c))

Any person who by means of false statement or representation or by impersonation or other fraudulent device, obtained or retained aid under Division 9 of the Welfare & Institutions Code for himself or herself or for a child not in fact entitled thereto is guilty of violating Welfare & Institutions Code 10980(c).

To prove such an offense the prosecution must establish the following elements:

1.             The defendant knowingly or with intent to deceive or defraud utilized a false statement, representation impersonation or other fraudulent device.

2.             As a result of the false statement representation, impersonation or fraudulent device the defendant obtained or retained aid under Division 9 of the Welfare & Institutions Code.

3.             The aid was obtained for or retained by one not in fact entitled thereto.

Points and Authorities

 
                In People v. Ochoa (91) 231 CA3d 1413, 1420-22 [282 CR 805], the court held that non-entitlement to the aid obtained or received is “clearly an element of the crime of welfare fraud.”

                Furthermore, non-entitlement and the other elements set forth in the above proposed instruction are clearly defined as elements by the statutory language of WI 10980(c).

                The requirement that the false statement or representation be made knowingly or with intent to deceive or defraud is based upon People v. Camillo (88) 198 CA3d 981, 989, fn 3 [244 CR 286], which observes that absent any requirement of scienter, the statute would be legally and constitutionally suspect.  (See also Ochoa 231 CA3d at 1420, fn 1.)

                Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process.  [See generally, FORECITE PG VII(C).]

NOTES

 

                Expert Testimony:  The Ochoa court rejected the prosecution’s argument that expert testimony on eligibility requirements and the amount of overpayments may be presented to the jury.  The court held that expert testimony regarding welfare regulations is “admissible before the jury when the testimony relates to the application of the regulations, such as the calculations of overpayments, but is not admissible when it relates to the applicability and interpretation of the regulations regarding non-entitlement.”  [Original emphasis.]  (Ochoa at 1423-24.)

                Only One Charge For All Aid Received From Single Act:  In People v. Sepulveda DEPUBLISHED  (91) 229 CA3d 868, 874 [280 CR 778], the court held that all aid received from a single fraudulent act must be aggregated into one felony charge.  Though depublished, the opinion contains useful analysis of legislative materials taken from the California State Archives.

RESEARCH NOTES

                See Annotation, Criminal liability under state laws in connection with application for, or receipt of, public welfare payments, 22 ALR4th 534 and Later Case Service.

  • Register as New User
  • Contact Us
© James Publishing, Inc. (866) 72-JAMES