SECTION 340:40-15-2. Fraud

(a)   The term "fraud" is legally defined as an intentional false representation of a truth or matter of fact whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, for the purpose of inducing another in reliance upon it to part with some valuable thing or surrender a legal right.

(b)   Fraud may be indicated in a client or a provider overpayment.

(c)   The Oklahoma Social Security Act [56 O.S. Supp. 1981, Sec. 185 as amended at H. B. 1187, November 1, 1985] provides: Whoever obtains or attempts to obtain, or aids, abets, or assists any person to obtain, by means of a false statement or representation, or by false impersonation, or by a fictitious transfer, conveyance or encumbrance of property or income, or other fraudulent device, assistance to which an applicant is not entitled or assistance greater than that to which an applicant is justly entitled shall be guilty of a misdemeanor, if the aggregate amount of assistance received as a result thereof if Five Hundred Dollars, $500, or less, and upon conviction thereof shall be fined not more than Five Hundred Dollars, $500.00, or be imprisoned in the discretion of the court, or shall be guilty of a felony, if the aggregate amount of assistance received as a result thereof is in excess of Five Hundred Dollars, $500.00, and upon conviction thereof shall be fined not more than Five Thousand Dollars, $5,000.00, or be imprisoned in the penitentiary for a term not more than two, 2, years or both such fined and imprisonment in the discretion of the court.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00]