Boston Social Security Fraud Defense Attorney
If you are under investigation or have been charged with Social Security fraud, you are facing a serious federal criminal matter that can carry significant penalties, including prison time, financial consequences, and long-term damage to your reputation and future. These cases are often investigated quietly for months or even years before charges are filed, and by the time you learn about the investigation, federal authorities may already have gathered substantial evidence.
At Simons Law Office, we represent individuals facing federal fraud charges in Boston and throughout Massachusetts, including Social Security fraud, false statements, identity theft, and related offenses. If federal agents have contacted you, if you received a subpoena or target letter, or if you believe you may be under investigation, it is critical to act quickly and protect your rights.
If you are searching for a Boston Social Security fraud defense attorney or a federal fraud lawyer near you, Simons Law Office is ready to help.
What Is Social Security Fraud?
Social Security fraud generally involves allegations that a person knowingly made false statements, concealed information, or engaged in deceptive conduct to obtain or continue receiving Social Security benefits to which they were not entitled. These cases often arise under 42 U.S.C. § 1383a and may also involve related federal charges depending on the circumstances.
In many cases, the government alleges that the defendant intentionally misrepresented key information in order to qualify for or maintain benefits such as:
- Supplemental Security Income (SSI)
- Social Security Disability Insurance (SSDI)
- Retirement benefits
- Survivor benefits
However, not every mistake, misunderstanding, or reporting issue rises to the level of criminal fraud. The government must generally prove that the conduct was knowing and intentional, not simply negligent or accidental.
How Social Security Fraud Investigations Begin
Social Security fraud investigations can begin in a variety of ways. Some cases are triggered by:
- Internal audits or data analysis by government agencies
- Reports from third parties, including former spouses, neighbors, or employers
- Financial discrepancies identified through banking or employment records
- Cross-checking of income, residency, or marital status
- Investigations by the Social Security Administration’s Office of Inspector General
In many cases, the investigation remains unknown to the target for an extended period. Your first indication of a problem may be:
- A knock on your door from federal agents
- A request for an interview
- A subpoena for documents
- A target letter indicating a grand jury investigation
If you receive a target letter, it is a serious development. It often means that the government believes it has substantial evidence and is considering formal charges. At that stage, it is critical not to speak with investigators without legal representation.
Common Social Security Fraud Allegations
Social Security fraud cases can take many forms. Some of the most common allegations include:
Concealment or Underreporting of Income
One of the most frequent allegations is that a person failed to report income from employment, self-employment, or other sources while receiving benefits that are income-dependent.
Misrepresentation of Living Arrangements
In some cases, the government alleges that a person falsely claimed to live alone or misrepresented household composition in order to qualify for higher benefit payments.
Continuing to Collect Benefits Improperly
This may include situations where a person continues to receive benefits after becoming ineligible, or where a family member continues to collect benefits on behalf of someone who is no longer entitled to them.
Disability Misrepresentation
The government may claim that a person exaggerated or falsified a disability or failed to report improvement in their condition while continuing to receive disability benefits.
Identity-Related Allegations
Some cases involve accusations of identity misuse, such as using another person’s identity to obtain benefits or failing to report a beneficiary’s death.
False Statements or Documentation
Submitting inaccurate applications, failing to update required information, or providing misleading statements to government agencies may also lead to fraud allegations.
These cases often involve a combination of financial records, medical records, employment data, and statements made to government agencies.
Additional Charges Often Filed Alongside Social Security Fraud
Social Security fraud charges are frequently accompanied by other federal charges, depending on the facts of the case. These may include:
- False Statements (18 U.S.C. § 1001)
- Wire Fraud (18 U.S.C. § 1343)
- Identity Theft or Aggravated Identity Theft (18 U.S.C. § 1028A)
- Mail Fraud (18 U.S.C. § 1341)
- Conspiracy (18 U.S.C. § 371)
These additional charges can significantly increase potential penalties and complicate the defense.
Penalties for Social Security Fraud
Social Security fraud is typically charged as a federal felony. Under 42 U.S.C. § 1383a, a conviction can result in:
- Up to 5 years in federal prison
- Significant fines
- Restitution (repayment of alleged overpayments)
- Supervised release following incarceration
In addition to criminal penalties, a conviction may also lead to:
- Loss of current and future benefits
- Civil penalties or administrative sanctions
- Damage to employment opportunities
- Immigration consequences for non-citizens
- Long-term reputational harm
The actual sentence depends on several factors, including the alleged loss amount, your prior criminal history, the nature of the conduct, and how the case is resolved.
Defending Against Social Security Fraud Charges
Every Social Security fraud case is unique. A strong defense requires a careful review of the facts, the government’s evidence, and the applicable law. At Simons Law Office, we work closely with clients to develop a strategy tailored to their specific situation.
Common defense approaches may include:
Lack of Intent
The government must prove that you knowingly and intentionally committed fraud. Mistakes, confusion, or misunderstandings about reporting requirements do not automatically equal criminal conduct.
Inaccurate or Incomplete Government Assumptions
In some cases, investigators rely on incomplete financial data or incorrect assumptions about income, living arrangements, or eligibility.
Good Faith
If you believed you were complying with the rules, relied on advice, or made honest efforts to provide accurate information, that may be relevant to your defense.
Challenging the Evidence
The defense can examine and challenge financial records, witness statements, and investigative conclusions.
Loss Amount Disputes
In many cases, the alleged amount of overpayment or fraud is disputed. This can have a significant impact on sentencing exposure.
Trial vs. Resolution Strategy
If you are charged with Social Security fraud, you will have to decide whether to fight the charges at trial or pursue a negotiated resolution. That decision depends on many factors, including the strength of the government’s case, the potential penalties, and your personal circumstances.
At Simons Law Office, we provide honest, strategic guidance so you can make an informed decision. If the case proceeds to trial, we are prepared to challenge the government’s evidence and hold them to their burden of proof beyond a reasonable doubt. If a resolution is appropriate, we focus on minimizing consequences and avoiding incarceration whenever possible.
Why You Should Not Speak to Investigators Without Counsel
One of the most important rules in any federal investigation is simple: do not speak to investigators without an attorney. Federal agents are trained to gather information in ways that may seem informal or harmless, but anything you say can be used against you.
Even well-intentioned statements can be misunderstood, taken out of context, or used to build a case. The safest course of action is to have counsel present before answering any questions.
