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This entry was published on 2014-09-22
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SECTION 145
Penalties
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 145. Penalties. 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.