False Statements to Obtain Benefits – NRS 616D.300

Overview

Making false statements to obtain benefits is a serious offense under Nevada Revised Statute (NRS) 616D.300. This law addresses the act of providing misleading or fraudulent information to receive benefits, such as workers’ compensation, that one is not entitled to. Understanding the implications of this statute is crucial for individuals applying for benefits, employers, and legal professionals.

Definition of False Statements to Obtain Benefits

Under NRS 616D.300, “false statements to obtain benefits” refers to knowingly providing false information to qualify for or increase the amount of benefits received under Nevada’s workers’ compensation system. Key components of the law include:

1. Intent to Deceive: The individual must have intentionally provided false or misleading information with the intent to deceive the authorities or benefit providers.
2. Types of Benefits: This statute primarily pertains to benefits related to workers’ compensation, but it can also apply to other government assistance programs.
3. Impact of Fraud: The law seeks to prevent fraud that undermines the integrity of the workers’ compensation system and affects the availability of benefits for those who truly need them.

Legal Requirements for Prosecution

To secure a conviction for making false statements to obtain benefits under NRS 616D.300, the prosecution must prove several elements beyond a reasonable doubt:

1. False Statement: The prosecution must establish that the accused made a statement that was false or misleading.
2. Intent to Deceive: It must be shown that the accused intended to deceive the authorities or the benefits provider.
3. Resulting Benefit: The prosecution must demonstrate that the false statement was made to obtain benefits that the individual was not entitled to receive.

Related Offenses

False statements to obtain benefits are related to several other offenses, including:

• Fraud – NRS 205.380: Involves deceitful practices intended to secure an unfair or unlawful gain, which can include false statements related to benefits.
• Theft – NRS 205.240: Involves taking property or benefits unlawfully, which can be charged alongside false statements to obtain benefits.
• Forgery – NRS 205.095: Involves the unlawful creation or alteration of documents, which may be relevant in cases involving fraudulent claims.

Examples of False Statements to Obtain Benefits

To illustrate how NRS 616D.300 is applied, consider these examples:

• Example 1: An individual files a workers’ compensation claim after a workplace injury but exaggerates the severity of their injury to obtain a larger payout. This constitutes making a false statement to obtain benefits.
• Example 2: A person claims to be unemployed to receive unemployment benefits while secretly working under the table. This fraudulent act can lead to charges under this statute.

Penalties for False Statements to Obtain Benefits

The penalties for making false statements to obtain benefits under NRS 616D.300 can be severe:

• Category D Felony: Making false statements to obtain benefits is typically charged as a Category D felony, which carries:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Restitution: In addition to criminal penalties, individuals convicted of this offense may be required to pay restitution for any benefits fraudulently obtained.

Defenses Against False Statement Charges

If you are facing charges for making false statements to obtain benefits under NRS 616D.300, several defenses may apply:

1. Lack of Intent: Demonstrating that there was no intent to deceive can be a strong defense. If the accused genuinely believed the information provided was accurate, this may mitigate liability.
2. Mistake of Fact: If the individual can prove they misunderstood the requirements for benefits or the nature of their statements, this can serve as a defense.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused knowingly made a false statement, the charges may be dismissed.
4. Legitimate Claim: If the individual can show that they were entitled to some form of benefit, even if a statement was misleading, this may help in their defense.

The Importance of Legal Representation

Navigating the complexities of false statement charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling fraud cases equips him to provide a robust defense against charges under NRS 616D.300.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving false statements to obtain benefits.

Understanding Your Rights

If you are accused of making false statements to obtain benefits, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against false statement charges under NRS 616D.300 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.