(a) Fraud definition. Fraud may be indicated in a client or provider overpayment. Per Section 185 of Title 56 of the Oklahoma Statutes (56 O.S. § 185), fraud in obtaining public assistance occurs when a person:
(1) obtains or attempts to obtain, or aids, abets, or assists any person to obtain, by means of a false statement or representation, by false impersonation, by a fictitious transfer, conveyance or encumbrance of property or income, by a knowing and willful failure to report to Oklahoma Human Services (OKDHS) income, personal property, real property, household members, or other material eligibility factors at the time of application or during the receipt of assistance, or by other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled; or
(2) by sale, barter, purchase, theft, acquisition, possession or use of any electronic benefits or debit card, or any other device authorizing participation in the Temporary Assistance for Needy Families (TANF) or other OKDHS program, knowingly obtains, aids, abets, or assists any person to obtain or attempt to obtain assistance to which a person is not entitled.
(b) Fraud penalty. The penalty for fraud is set forth in 56 O.S. § 185. Per statutes, only courts can determine guilt and impose a legal penalty for fraud. • 1
1. (a) Under Oklahoma Statutes, only courts determine guilt and impose a legal penalty.
(b) Adult and Family Services Benefit Integrity and Recovery (BIR) Unit staff may refer household error overpayments of $500 or more to the Office of the Inspector General (OIG) to determine if a referral for judicial court action is warranted.
(c) Workers use Form 19MP001E, OIG Referral Form, to make an investigative referral to OIG when fraudulent intent is suspected, but there is insufficient information to calculate an overpayment, or the referral involves a state employee or his or her relatives.