Section 145. Penalties  


Latest version.
  • 1.  Any person who by means of a false statement or
      representation, or by deliberate concealment of any material fact, or by
      impersonation or other fraudulent device, obtains or attempts to obtain,
      or aids or abets any person to obtain public assistance or care to which
      he is not entitled, or does any wilful act designed  to  interfere  with
      the proper administration of public assistance and care, shall be guilty
      of a misdemeanor, unless such act constitutes a violation of a provision
      of  the  penal  law  of the state of New York, in which case he shall be
      punished in accordance with the penalties fixed by such law. Failure  on
      the  part  of a person receiving public assistance or care to notify the
      social services official granting such assistance or care of the receipt
      of money or property or income  from  employment  or  any  other  source
      whatsoever,  shall,  upon the cashing of a public assistance check by or
      on behalf of such person after the receipt of such money,  or  property,
      or  income, constitute presumptive evidence of deliberate concealment of
      a material fact. Whenever a  social  services  official  has  reason  to
      believe  that  any person has violated any provision of this section, he
      shall promptly refer the facts and evidence  available  to  him  to  the
      appropriate  district  attorney or other prosecuting official, who shall
      immediately evalaute the facts and evidence and take appropriate action.
        2. The provisions of subdivision one of this section  shall  apply  to
      social  services  officials  and employees, who shall also be subject to
      removal and shall be liable in an action brought by the county or  city,
      or  by  the  state commissioner of social services, for the value of the
      public assistance improperly granted to any person as a  result  of  the
      wilful wrongful act of such official or employee.