Social Security Fraud Defense Lawyers
Federal Criminal Defense for Charges Under 42 U.S.C. § 408
Being accused of Social Security fraud is a serious federal offense that can result in imprisonment, substantial fines, restitution, and a permanent criminal record.
Federal prosecutors aggressively pursue these cases, often relying on complex records from the Social Security Administration (SSA), medical providers, employers, and financial institutions.
If you are under investigation or have been charged with Social Security fraud under 42 U.S.C. § 408, you need experienced federal criminal defense attorneys who understand how these cases are built—and how to dismantle them.
Our firm represents individuals nationwide facing allegations of false statements, concealment of information, disability fraud, and misuse of Social Security benefits.
Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here.
What Is Social Security Fraud Under 42 U.S.C. § 408?
42 U.S.C. § 408 makes it a federal crime to knowingly make false statements, misrepresent material facts, or conceal information in order to obtain or continue receiving Social Security benefits.
In simple terms, Social Security fraud occurs when someone intentionally provides false information or fails to report required information that affects eligibility or benefit amounts.
Common situations that trigger criminal investigations include:
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Failing to report a return to work while receiving disability benefits
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Misrepresenting the severity of a medical condition
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Concealing income, assets, or employment
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Using a false name or Social Security number
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Continuing to receive benefits after a change in marital or disability status
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Receiving benefits on behalf of someone who is deceased
Importantly, fraud requires intent. Honest mistakes, misunderstandings, or administrative errors are not crimes—but prosecutors often try to portray them as intentional misconduct.
Common Types of Social Security Fraud Cases
Federal Social Security fraud cases frequently fall into one or more of the following categories:
Disability Benefits Fraud
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Allegations that the recipient exaggerated or fabricated a disability
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Claims that the defendant worked while collecting SSDI or SSI
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Surveillance evidence suggesting physical capability
Failure to Report Changes
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Not reporting employment, income, or improvement in medical condition
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Failing to disclose marital status or household income changes
False Statements or Applications
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Providing incorrect information on applications or continuing disability reviews
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Submitting misleading medical documentation
Third-Party or Professional Involvement
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Doctors, claimant representatives, or consultants accused of assisting fraudulent claims
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Cases involving fees or compensation for submitting false information
What Are the Penalties for Social Security Fraud?
The penalties for Social Security fraud depend on the facts of the case, the amount of alleged loss, and the defendant's role.
Standard Penalties Under 42 U.S.C. § 408
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Up to 5 years in federal prison
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Federal fines
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Restitution of alleged overpayments
Enhanced Penalties
If the defendant received compensation for helping others commit fraud (such as a medical provider or representative), penalties increase to:
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Up to 10 years in federal prison
Beyond criminal punishment, defendants often face:
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Permanent loss of benefits
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Civil penalties and administrative sanctions
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Damage to professional licenses and careers
How Federal Prosecutors Build These Cases
Federal agencies do not rely on a single piece of evidence. Investigations often involve:
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SSA records and benefit audits
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Medical records and expert testimony
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Employer payroll data
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Bank and financial records
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Surveillance and social media evidence
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Statements made during SSA interviews
Many defendants do not realize they are under investigation until agents contact them—or charges are filed.
Defenses to Social Security Fraud Charges
Every Social Security fraud case is fact-specific. A skilled federal defense attorney will focus on intent, materiality, and proof.
Lack of Intent
Fraud requires knowing and willful misconduct. We may argue:
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You believed your statements were accurate
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You misunderstood reporting requirements
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Errors were unintentional or administrative
Statements Were True or Not Material
Even if a statement was inaccurate, prosecutors must prove it materially affected eligibility. If benefits had been paid regardless, criminal liability may fail.
Insufficient Evidence
The government must prove every element beyond a reasonable doubt. Weak documentation, speculative conclusions, or unreliable surveillance can be challenged.
Improper Investigative Conduct
Evidence obtained through unlawful searches, improper subpoenas, or constitutional violations may be excluded.
Restitution and Mitigation
In appropriate cases, early restitution and cooperation can significantly reduce exposure at sentencing.
Why You Need a Federal Criminal Defense Lawyer Early
Social Security fraud investigations often begin quietly. Statements made to investigators, SSA representatives, or auditors can later be used against you.
Early legal intervention allows your attorney to:
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Control communication with investigators
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Prevent damaging statements
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Challenge subpoenas and evidence collection
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Seek pre-charging resolutions when possible
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Position the case for dismissal, reduction, or favorable plea terms
Social Security Fraud vs. Honest Mistakes
Not every overpayment or reporting error is criminal fraud. The government often overreaches, treating confusion or delay as intentional deception.
Our role is to distinguish administrative errors from criminal conduct and to ensure that prosecutors meet their high burden of proof.
Speak With Social Security Fraud Defense Lawyers Today
Federal fraud charges are complex, intimidating, and life-altering—but you do not have to face them alone.
If you are being investigated or charged with Social Security fraud under 42 U.S.C. § 408, contact our experienced federal criminal defense attorneys for a confidential consultation.
We represent clients nationwide and are prepared to protect your rights, challenge the government's case, and fight for the best possible outcome.
Call today to speak with a Social Security fraud defense lawyer.
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