Hastings, MI asked in Criminal Law and White Collar Crime for Michigan

Q: I think I'm looking at wire charges for not claiming my checking assets went over 2k during a recert am I going to jail?

I was in the mental hospital for being suicidal for about a month. I was left homeless & got a room to rent that had bed bugs & mice & my Dr changed my meds. I was stressed. I went to my credit union to discover I had 3100 & 600 was the stimulus. I had about 1200 on EBT because I kept getting hacked & called Mi EBT about it last fall. I'm being asked to "help them to see if I qualify for medicaid & EBT" my bank statements are gonna show I took out a 2500 cashier's check leaving 500 in my acct. I did not know at the time I got the 600 stimulus I deposited the ck & withdrew 1800. I deposited 450 & 550 later figuring I could tell my worker I won $ at the casino. In reality it was all my SSDI $ & 600 stim$. I can't recall if I told the worker about my safe deposit box & new bank acct. I have had identity theft & the worse move so I forgot I think. Am I gonna just need to pay back EBT & medicaid doesn't help bc I have a spendown? Can I use bipolar & ADHD & Schizophrenia as an excuse?

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: It's hard to say what may or could happen. Most likely the worse you are looking at is welfare fraud, which is a felony. Generally, it's better to come forward to your case worker before he or she finds the issue and assumes you were trying to defraud the state; you can amend the information you provide for benefits, and in fact you have a continuing legal obligation to inform them or any changes.

Your mental health likely won't absolve you of any criminal responsibility, but it could be a mitigating factor in determining what happens in any criminal proceeding.

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