The New York Criminal Law Blog

Carmine Gargano: Could Illiteracy Be A Defense For Welfare Fraud?

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New York criminal defense attorney Joseph Mure says that his client is not guilty of welfare fraud because the defendant Rosa Gargano does not know any English. Because of the suspect's English illiteracy, the family may be able to get off the hook with taking $33,509 in Medicaid benefits.

Perhaps New York criminal defense attorneys feel that this case is very complex because one of the main suspects died 16 years ago in a mob hit. New York Daily News reports that that Carmine Gargano Jr. was shot by a hit man in 1994 and that the body was never found. In the this particular fraud case, it is Carmine Gargano Jr.'s wife, Rosa Gargano, and his mother Carmine Gargano that have been charged with fraud.

The family allegedly took thousands of dollars in Medicaid benefits while they owned and managed at least 13 properties and were paying more than $500,000 in mortgage payments to banks. The family's Medicaid benefits application also reportedly showed inconsistencies, where one application said that the family was making $150 a week and the stated income on another application was $19,500 a year.

Yet Joeseph Mure asserts that these inconsistencies were found because Carmine Gargano Jr. didn't know how to read English and that he was confused about Medicaid benefits. The New York criminal defense attorney said, ""I really don't think they knew what they were doing. He speaks broken English, but he can't read."

According to LawBrain, each state administers Medicaid differently, so there's a great amount of opportunity for Medicaid fraud and abuse. However, many people may not be aware that they're committing an act of fraud because of the complexity of the Medicaid system. This is why it's important to have a New York criminal defense attorney when accused of such a crime.

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