(Download) "Fowler v. Varian Associates Inc." by Sixth Appellate District Court of Appeal of California * Book PDF Kindle ePub Free

eBook details

Title: Fowler v. Varian Associates Inc.
Author : Sixth Appellate District Court of Appeal of California
Release Date : January 09, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

This case poses two questions about the welfare fraud statute. (Welf. & Inst. Code, Â§ 10980.) The first is whether obtaining more than $400 worth of welfare benefits by false representations for a number of consecutive months constitutes a single felony or only a series of misdemeanors. Welfare and Institutions Code section 10980, subdivision (c) provides that if the total amount of such aid is $400 or less, the crime is a misdemeanor and if more, an alternate felony. We hold that the crime is a felony when those benefits are illegally obtained pursuant to one general scheme. The second is whether the classification of such a crime as a felony violates a recipients constitutional right to due process and equal protection. We hold that it does not and consequently reject the constitutional challenge as well.