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Vermont Department for Children and Families Economic Services Division All Programs Rules 2015 Fraud 2015 Fraud (07/01/1967, 76-169) Fraud is defined by statute (33 VSA § 141) as: A. Use of a willfully false statement, representation, impersonation, or other fraudulent device to obtain, attempt to obtain or aid and abet any person to obtain assistance or benefits to which he is not lawfully entitled or a larger amount than that to which he is lawfully entitled; or B. Disposition of or knowingly aiding or abetting in disposition of property to obtain assistance to which a person is not entitled or a larger amount than that to which he is entitled. 2015.1 Suspected Fraud (07/01/1967, 76-169) The following criteria will be used to evaluate cases of suspected fraud to determine whether they should be referred to a law enforcement agency. A. Does the act committed appear to be a deliberately fraudulent one? B. May the act be an incorrect omission or representation on the part of the recipient due to error, lack of understanding of eligibility requirements or of his responsibility for providing information to the department? C. May the act be a result of department omission, neglect or error in securing or recording information? D. Is the act a repetition of the same or similar acts which have been committed previously with subsequent explanation and clarification of the department? Examples of instances where fraud might be suspected and referral considered are as follows: A. The recipient accepts and continues paid employment without notifying the department after he has been clearly informed of the necessity of such notification. B. The applicant for or recipient of assistance or benefits fails to acknowledge or report income from pensions, social security, or relatives when it is reasonably clear that there was a willful attempt to conceal such income. C. The applicant for or recipient of assistance or benefits disposes of property (either real or personal) and attempts to conceal such disposal. The above examples are intended as a guideline; each case will be evaluated individually. 2015.2 Methods of Investigation (07/01/1967, 76-169) Any investigation of a case of suspected fraud shall be pursued with the same regard for confidentiality and protection of the legal and other rights of the individual as investigation and reinvestigation of eligibility to receive assistance. Procedures are established for review and documentation in the case record at all supervisory levels.