Legal Question in Criminal Law in California

Re: welfare fraud

Without more, general rule is 3 years from discovery of the fraud, as a felony.

803. (a) Except as provided in this section, a limitation of time

prescribed in this chapter is not tolled or extended for any reason.

(b) No time during which prosecution of the same person for the

same conduct is pending in a court of this state is a part of a

limitation of time prescribed in this chapter.

(c) A limitation of time prescribed in this chapter does not

commence to run until the discovery of an offense described in this

subdivision. This subdivision applies to an offense punishable by

imprisonment in the state prison, a material element of which is

fraud or breach of a fiduciary obligation, the commission of the

crimes of theft or embezzlement upon an elder or dependent adult, or

the basis of which is misconduct in office by a public officer,

employee, or appointee, including, but not limited to, the following

offenses:

(5) Felony welfare fraud

DJM