State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 145-c

§  145-c.  Sanctions. Any person who, individually or as a member of a  family, applies for or receives public assistance  and  is  found  by  a  federal, state or local criminal, civil or other court or pursuant to an  administrative  hearing  held  in accordance with the regulations of the  department, on the basis of a plea  of  guilty  or  nolo  contendere  or  otherwise,  intentionally  to  have  (a)  made  a  false  or  misleading  statement or  misrepresented,  concealed,  or  withheld  facts,  or  (b)  committed  any  act  intended  to  mislead,  misrepresent,  conceal,  or  withhold facts or propound a falsity, for the purpose of establishing or  maintaining the eligibility of the individual  or  of  the  individual's  family  for  aid  or  of  increasing  (or preventing a reduction in) the  amount of such aid, then the needs of such individual shall not be taken  into account in determining his or her need or that of his or her family  pursuant to section one hundred thirty-one-a of this article (i)  for  a  period  of  six months upon the first occasion of any such offense, (ii)  for a period of twelve months upon  the  second  occasion  of  any  such  offense  or  upon  an  offense which resulted in the wrongful receipt of  benefits in an amount of between at least one thousand  dollars  and  no  more  than  three  thousand  nine hundred dollars, (iii) for a period of  eighteen months upon the third occasion of any such offense or  upon  an  offense  which  results in the wrongful receipt of benefits in an amount  in excess of three thousand nine hundred dollars, and  (iv)  five  years  for  any  subsequent occasion of any such offense.  Any period for which  sanctions are imposed shall remain in  effect,  without  possibility  of  administrative  stay,  unless  and  until  the  finding  upon  which the  sanctions  were  imposed  is  subsequently  reversed  by  a   court   of  appropriate  jurisdiction;  but  in  no  event shall the duration of the  period for which such sanctions are imposed be subject  to  review.  The  sanctions  shall  be  in  addition  to, and not in substitution for, any  other sanctions which may be provided for by law  with  respect  to  the  offenses  involved,  except  that  the social services official or court  official assessing penalties against a recipient for an act of fraud  or  misrepresentation  described in this subdivision may consider whether to  impose  such  penalties  based  upon  the  existence  of  the  penalties  described herein.

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 145-c

§  145-c.  Sanctions. Any person who, individually or as a member of a  family, applies for or receives public assistance  and  is  found  by  a  federal, state or local criminal, civil or other court or pursuant to an  administrative  hearing  held  in accordance with the regulations of the  department, on the basis of a plea  of  guilty  or  nolo  contendere  or  otherwise,  intentionally  to  have  (a)  made  a  false  or  misleading  statement or  misrepresented,  concealed,  or  withheld  facts,  or  (b)  committed  any  act  intended  to  mislead,  misrepresent,  conceal,  or  withhold facts or propound a falsity, for the purpose of establishing or  maintaining the eligibility of the individual  or  of  the  individual's  family  for  aid  or  of  increasing  (or preventing a reduction in) the  amount of such aid, then the needs of such individual shall not be taken  into account in determining his or her need or that of his or her family  pursuant to section one hundred thirty-one-a of this article (i)  for  a  period  of  six months upon the first occasion of any such offense, (ii)  for a period of twelve months upon  the  second  occasion  of  any  such  offense  or  upon  an  offense which resulted in the wrongful receipt of  benefits in an amount of between at least one thousand  dollars  and  no  more  than  three  thousand  nine hundred dollars, (iii) for a period of  eighteen months upon the third occasion of any such offense or  upon  an  offense  which  results in the wrongful receipt of benefits in an amount  in excess of three thousand nine hundred dollars, and  (iv)  five  years  for  any  subsequent occasion of any such offense.  Any period for which  sanctions are imposed shall remain in  effect,  without  possibility  of  administrative  stay,  unless  and  until  the  finding  upon  which the  sanctions  were  imposed  is  subsequently  reversed  by  a   court   of  appropriate  jurisdiction;  but  in  no  event shall the duration of the  period for which such sanctions are imposed be subject  to  review.  The  sanctions  shall  be  in  addition  to, and not in substitution for, any  other sanctions which may be provided for by law  with  respect  to  the  offenses  involved,  except  that  the social services official or court  official assessing penalties against a recipient for an act of fraud  or  misrepresentation  described in this subdivision may consider whether to  impose  such  penalties  based  upon  the  existence  of  the  penalties  described herein.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-1 > 145-c

§  145-c.  Sanctions. Any person who, individually or as a member of a  family, applies for or receives public assistance  and  is  found  by  a  federal, state or local criminal, civil or other court or pursuant to an  administrative  hearing  held  in accordance with the regulations of the  department, on the basis of a plea  of  guilty  or  nolo  contendere  or  otherwise,  intentionally  to  have  (a)  made  a  false  or  misleading  statement or  misrepresented,  concealed,  or  withheld  facts,  or  (b)  committed  any  act  intended  to  mislead,  misrepresent,  conceal,  or  withhold facts or propound a falsity, for the purpose of establishing or  maintaining the eligibility of the individual  or  of  the  individual's  family  for  aid  or  of  increasing  (or preventing a reduction in) the  amount of such aid, then the needs of such individual shall not be taken  into account in determining his or her need or that of his or her family  pursuant to section one hundred thirty-one-a of this article (i)  for  a  period  of  six months upon the first occasion of any such offense, (ii)  for a period of twelve months upon  the  second  occasion  of  any  such  offense  or  upon  an  offense which resulted in the wrongful receipt of  benefits in an amount of between at least one thousand  dollars  and  no  more  than  three  thousand  nine hundred dollars, (iii) for a period of  eighteen months upon the third occasion of any such offense or  upon  an  offense  which  results in the wrongful receipt of benefits in an amount  in excess of three thousand nine hundred dollars, and  (iv)  five  years  for  any  subsequent occasion of any such offense.  Any period for which  sanctions are imposed shall remain in  effect,  without  possibility  of  administrative  stay,  unless  and  until  the  finding  upon  which the  sanctions  were  imposed  is  subsequently  reversed  by  a   court   of  appropriate  jurisdiction;  but  in  no  event shall the duration of the  period for which such sanctions are imposed be subject  to  review.  The  sanctions  shall  be  in  addition  to, and not in substitution for, any  other sanctions which may be provided for by law  with  respect  to  the  offenses  involved,  except  that  the social services official or court  official assessing penalties against a recipient for an act of fraud  or  misrepresentation  described in this subdivision may consider whether to  impose  such  penalties  based  upon  the  existence  of  the  penalties  described herein.