Social Security Fraud Defense Attorney

Social Security fraud can involve knowingly false benefit claims, concealment of events affecting eligibility, misuse of benefit payments or false use of a Social Security number. An overpayment notice is not by itself proof of a crime. The statute charged, required intent and underlying records matter.

Social Security Fraud Attorney – Your Charges

Social Security benefit fraud and tax fraud are distinct. A false statement on a tax return may support tax-related charges; falsely claiming dependents is not automatically Social Security fraud. Under 42 U.S.C. 408, prosecutors must prove the particular prohibited conduct and required mental state. Counterfeiting or unlawfully altering a Social Security card can also support federal charges under the applicable provision.

In some cases of Social Security fraud, an individual who oversees a beneficiary’s funds and assets misuses the money for personal benefit. Also, if a beneficiary dies and the recipient of the beneficiary’s money fails to disclose that information to the Social Security Administration, that person is using illegal means to receive government money. If discovered, he or she could face serious federal charges. Identity theft occurs when a person finds another person’s Social Security number and uses it to receive some sort of benefit. These benefits include any type of monetary advantage. Identity theft is a significant federal crime and could result in serious federal charges if not vehemently defended by a social security fraud attorney.

Defending Your Rights

If you are facing charges on Social Security fraud, you should not try to hide from the government. Avoiding your charges could be more disastrous than facing them. Instead, seek the help of an experienced attorney who will aggressively defend your rights.

My name is Robert M. Helfend, and I have been a federal defense attorney for more than 40 years. I am dedicated to securing the best possible outcome for each of my clients. Call my firm today and speak with an attorney about possible measures that can be taken in your case. Contact an attorney from my office today.

Benefit overpayment or criminal investigation?

Document	Issue to review
SSA overpayment notice	The payment calculation, reporting records and stated reconsideration or waiver deadline. An administrative debt does not establish fraudulent intent.
SSA Inspector General contact	The request, whether an interview is voluntary and any subpoena or compulsory process.
Federal complaint or indictment	The exact statute, alleged false statements, dates and required knowledge or purpose.

Penalties depend on the charged statute

Many offenses under 42 U.S.C. 408 carry a maximum of five years. The statute provides up to ten years for specified people paid for services connected with benefit determinations and certain health care providers submitting evidence. Other benefit or identification statutes can carry different penalties. The statutory maximum is different from the advisory Guidelines range and the sentence ultimately imposed.

Records that can clarify intent

Preserve applications, award and overpayment notices, bank statements, work and earnings reports, representative-payee records and communications with SSA. A complete timeline can distinguish a reporting mistake, a disputed eligibility decision and a knowing false statement. If you relied on advice, keep the original communications and identify what facts were disclosed. Do not alter records or contact potential witnesses to agree on a version of events.

For federal criminal defense, call Robert M. Helfend at 800-834-6434. Bring every notice with its deadline so administrative and criminal issues can be assessed separately.

Sources and legal standards

• 42 U.S.C. 408: Social Security penalties
• Social Security Administration: overpayments

Legal information checked October 10, 2026. The charge, evidence and applicable version of the law control the analysis of an individual case.

References

1. Section 530.5 – Unlawful obtaining or use of personal identifying information; punishment; prior convictions. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=530.5&lawCode=PEN
2. 42 U.S. Code § 408 – Penalties. https://www.law.cornell.edu/uscode/text/42/408
3. 42 U.S. Code § 1383a – Penalties for fraud. https://www.law.cornell.edu/uscode/text/42/1383a