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Application of Fraud Penalties/Sanctions
When deciding what time frames or methods of disqualification to apply, determine:
- When the fraudulent act was committed, and
- When the individual was convicted or found guilty of fraud.
The date the fraud was committed (date of the overpayment) determines which fraud penalty time frames to apply (pre-January 1, 1998 time frames or post-January 1, 1998 time frames). As of July 1, 1998, this new method must be used to disqualify individuals who are convicted of an IPV regardless of when the IPV was committed. The date of conviction or finding of fraud determines which method of disqualification to apply (sanction or penalty). Use the following chart to assist in making the correct determination.
|
Date Fraud Committed |
Date of Conviction/Finding of Fraud |
Old (Pre-1/1/98) or New (Post-1/1/98) Fraud Penalty Time Frames |
Penalty or Sanction (Method of Disqualification) |
|
1/97 to 4/97 |
12/15/97 |
old |
sanction |
|
4/97 to 9/97 |
1/31/98 |
old |
sanction |
|
1/97 to 10/97 |
7/1/98 |
old |
penalty |
|
2/98 to 4/98 |
6/1/98 |
new |
sanction |
|
2/98 to 4/98 |
7/1/98 |
new |
penalty |
|
1/97 to 1/98 |
6/1/98 |
new* |
sanction |
|
6/97 to 3/98 |
7/1/98 |
new* |
penalty |
* Fraudulent acts which began prior to 1/1/98 but extend beyond 1/1/98 are subject to the new fraud penalty time frames.
Related Topics
Intentional Program Violation (IPV) - General
IPV Disqualification - Prior to 1/1/98
IPV Penalty Period - On or After January 1, 1998