Nevada § 422.410 - Fraudulent acts; penalties

§ 422.410. Fraudulent acts; penalties

1. Unless a different penalty is provided pursuant to NRS 422.361 to 422.369 , inclusive, or 422.450 to 422.590 , inclusive, a person who knowingly and designedly, by any false pretense, false or

misleading statement, impersonation, misrepresentation, or concealment, transfer,

disposal or assignment of money or property obtains or attempts to obtain monetary

or any other public assistance, or money, property, medical or remedial care or any

other service provided pursuant to the Children's Health Insurance Program, having

a value of $100 or more, whether by one act or a series of acts, with the intent to

cheat, defraud or defeat the purposes of this chapter or to enable a person to meet

or appear to meet any requirements of eligibility prescribed by state law or by rule

or regulation adopted by the Department for a grant or an increase in a grant of any

type of public assistance is guilty of a category E felony and shall be punished as

provided in NRS 193.130 . In addition to any other penalty, the court shall order the person to pay restitution. 2. For the purposes of subsection 1, whenever a recipient of Temporary Assistance

for Needy Families pursuant to the provisions of chapter 422A of NRS receives an overpayment of benefits for the third time and the overpayments have

resulted from a false statement or representation by the recipient or from the failure

of the recipient to notify the Division of Welfare and Supportive Services of the

Department of a change in circumstances which would affect the amount of assistance

the recipient receives, a rebuttable presumption arises that the payment was fraudulently

received. 3. For the purposes of this section: (a) “ Public assistance ” includes any money, property, medical or remedial care or any other service provided

pursuant to a state plan. (b) “ Temporary Assistance for Needy Families ” has the meaning ascribed to it in NRS 422A.080 .