What is the test for a criminal conviction for fraudulently obtaining AFDC benefits?

California, United States of America

The following excerpt is from People v. Sims, 186 Cal.Rptr. 77, 32 Cal.3d 468, 651 P.2d 321 (Cal. 1982):

Section 11483 prescribes criminal penalties for persons who have fraudulently obtained AFDC benefits. The statute incorporates by reference the requirement that "restitution shall be sought ... prior to the bringing of a criminal action." 4 In People v. McGee, supra, 19 Cal.3d 948, 140 Cal.Rptr. 657, 568 P.2d 382, this court held that the state's failure to comply with the statutory restitution requirement was grounds for dismissal of the criminal prosecution. (Id., at p. 966, 140 Cal.Rptr. 657, 568 P.2d 382.)

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