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Revised 12-01-17 07-01-19 Volume III | Chapter 14

14006 MISSISSIPPI [ CLAIMS: GENERAL ] consideration the amount of money fraudulently received; or (3) Punished by imprisonment in the state penitentiary for a term not exceeding three (3) years, and fined not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars($10,000.00); or (4) Punished by imprisonment in the county jail for a term not exceeding one (1) year, and fined not less than one hundred ($100.00) nor more than one thousand ($1,000.00). Since fraud is a serious charge to make against a person, and the results can be serious, the facts in such a case must be clearly and accurately stated. The following is the ruling of a Mississippi court in a civil fraud case: There is a presumption against fraud, dishonesty, and bad motive, and evidence to overcome this presumption must be more than a mere preponderance; it must be clear and convincing. The form which the applicant and recipient is asked to sign, Form MDHS-EA-900, carries with it a warning about the penalty for giving false information, so that when he completes the form and gives information, he has been put on notice about giving incorrect or incomplete information. NOTE: TANF claims involving attempted fraud should be entered in the claims narrative as suspected fraud (SIPV) and not Intentional Program Violation (IPV). CRITERIA FOR ESTABLISHING THE SUSPECTED INTENTIONAL PROGRAM VIOLATION CLAIM The months affected by the Suspected IPV over issuance will be calculated back to the month that the over issuance occurred, not to exceed more than six years prior to the date that the over issuance was discovered. The month of discovery will not be included in the six-year count, but will be included as part of the over issuance. Example: If the over issuance is discovered in July 2006, the six-year period is July 2000 through July 2006. Any of those months may be reported as an over issuance. In the event an over issuance is discovered too late to prepare a claim as outlined above, the case will be documented on CADM in MAVERICS as to the date the over issuance was discovered, the most recent month that the household received more benefits than it was entitled to receive, and the reason for no claim being reported.

NOTE: The date of discovery is the date the county receives verification/evidence that an over issuance occurred. STATUTE OF LIMITATIONS ON SIPV Generally, the statute of limitations does not apply to the state on civil actions, so that court action