20.4 WELFARE FRAUD — AIDING OR ABETTING

To prove the crime of Welfare Fraud — Aiding or Abetting, the State must prove the following element beyond a reasonable doubt:

Give 1a and/or 1b as applicable.

1. (Defendant) knowingly aided or abetted another person in failing to disclose:

a. a change in circumstances in order to obtain or continue to receive state or federally funded public assistance to which [the other person was not entitled] [or in an amount larger than the other person was entitled].

b. a material fact, by false statement, misrepresentation, impersonation, or other fraudulent means, and the fact was [used] [to be used] to determine the person’s qualification to receive state or federally funded public assistance.

§ 414.39(5), Fla. Stat.

If you find (Defendant) guilty of Welfare Fraud, you must also determine if the State proved beyond a reasonable doubt whether the value of the public assistance wrongfully [received] [retained] [misappropriated] [sought] [used] was:

a. less than an aggregate value of $200 in any 12 consecutive months.

b. an aggregate value of $200 or more, but less than $20,000 in any 12 consecutive months.

c. an aggregate value of $20,000 or more, but less than $100,000 in any 12 consecutive months.

d. $100,000 or more in any 12 consecutive months.

Inferences. Give as applicable.

§ 414.39(8)(a), Fla. Stat.

You may conclude that (defendant) did receive public assistance from the state if you find that there was a paid state warrant made to the order of the defendant.

§ 414.39(8)(b), Fla. Stat.

You may conclude that an identified recipient received public assistance from the state if you find that a transaction history generated by a Personal Identification Number (PIN) established a purchase or withdrawal by electronic benefit transfer.