Section 145-C. Sanctions  


Latest version.
  • 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.