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How would he file charges?

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tigger22472

Senior Member
What is the name of your state? Indiana

My DH receives SSDI and receives benefits for his daughter. Last month his ex wife had herself changed as the payee for his daughter. We believe she committed fraud because he retains custody every two weeks(for two weeks). We even suspect at this point that she used someone she knows to do this as it wasn't done at our local office and DH was not contacted as it is protocol that they are required to contact him about an attempt to change the payee and he wasn't.

He is waiting to here back from the lady from SS to see if she's found out anything in her investigation and he has expressed to her that he would like charges filed against his ex wife if fraud is in fact proven. The caseworker didn't seem too interested in the fraud issue(although she did say she would investigate as to who changed it in the first place and assured DH it would be changed back). There are many things they are not 'allowed to discuss' also which is irritating.

Sorry this is so long.. however, here is my question. Dh wants to know if SS won't file charges if he can go to the local prosecuter and have charges filed against her and possibly the caseworker that changed it over to his ex-wife's name and if he can do it even if SS doesn't follow through?
 


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BelizeBreeze

Senior Member
tigger22472 said:
What is the name of your state? Indiana

My DH receives SSDI and receives benefits for his daughter. Last month his ex wife had herself changed as the payee for his daughter. We believe she committed fraud because he retains custody every two weeks(for two weeks). We even suspect at this point that she used someone she knows to do this as it wasn't done at our local office and DH was not contacted as it is protocol that they are required to contact him about an attempt to change the payee and he wasn't.

He is waiting to here back from the lady from SS to see if she's found out anything in her investigation and he has expressed to her that he would like charges filed against his ex wife if fraud is in fact proven. The caseworker didn't seem too interested in the fraud issue(although she did say she would investigate as to who changed it in the first place and assured DH it would be changed back). There are many things they are not 'allowed to discuss' also which is irritating.

Sorry this is so long.. however, here is my question. Dh wants to know if SS won't file charges if he can go to the local prosecuter and have charges filed against her and possibly the caseworker that changed it over to his ex-wife's name and if he can do it even if SS doesn't follow through?
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That would be up to the inidividual prosecutor and a finding of fact in the investigation. The least you can do is take the results of the investigation to the prosecutor and let them investigate further. At that point, it won't be you filing charges, if any, it will be the state.
 
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tigger22472

Senior Member
BelizeBreeze said:
That would be up to the inidividual prosecutor and a finding of fact in the investigation. The least you can do is take the results of the investigation to the prosecutor and let them investigate further. At that point, it won't be you filing charges, if any, it will be the state.
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I understand that. I guess the problem lies with the fact of all the information that SS isn't 'allowed' to tell DH. I mean he's been told that it wasn't done at their local office and I believe that was simply a slip from the caseworker because she was in AWE this was allowed to happen in the first place without DH being notified. So the problem would be that he couldn't just get the info and give it to the prosecuter. More then likely THEY would have to do an investigation. Just wondered if they actually do those or we would have to go into the office with absolute proof or at the very least more then our word in order for them to take it over.
 
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BelizeBreeze

Senior Member
tigger22472 said:
I understand that. I guess the problem lies with the fact of all the information that SS isn't 'allowed' to tell DH. I mean he's been told that it wasn't done at their local office and I believe that was simply a slip from the caseworker because she was in AWE this was allowed to happen in the first place without DH being notified. So the problem would be that he couldn't just get the info and give it to the prosecuter. More then likely THEY would have to do an investigation. Just wondered if they actually do those or we would have to go into the office with absolute proof or at the very least more then our word in order for them to take it over.
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Have you contacted the prosecutor yet and advised them of the investigation by SS and the case worker's name, the facts of the case and anything else? I have seen tandem investigations into this type of attempted fraud many times.
 
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tigger22472

Senior Member
BelizeBreeze said:
Have you contacted the prosecutor yet and advised them of the investigation by SS and the case worker's name, the facts of the case and anything else? I have seen tandem investigations into this type of attempted fraud many times.
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Not yet and quite honestly we're not sure that the caseworker is actually looking into fraud although dh asked her to. This just transpired last week. We had no idea it had been done until we called about a letter dh received in the mail and wanted it explained. Then he had to go down and apply to have it changed back to him. The caseworker said she was 'curious' to find out who did this without contacting DH about it but as I said made no comment when he brought up fraud. He's waiting for a call back from her now to see if they are investigating and see what, if anything they can or will tell him. He's just curious now to see how he would go about pursuing this if SS decides to drop the ball. We've only been told of one thing that his ex-wife told them to get it changed (which was a lie) and even though it was a lie was small and insignificant(she stated we moved out of the school district, when in fact we've NEVER lived in the school district but have transported the child for over 3 years). DH is trying to find out how she had it done and proved she had custody (which she has child for 2 weeks also) and that dad didn't.
 
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BelizeBreeze

Senior Member
nothing precludes hubby at this point from filing a complaint with the prosecutor's office. Even if SS doesn't find any 'wrongdoing' you'll have your concerns where they belong.
 
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tigger22472

Senior Member
BelizeBreeze said:
nothing precludes hubby at this point from filing a complaint with the prosecutor's office. Even if SS doesn't find any 'wrongdoing' you'll have your concerns where they belong.
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He wants to know if since it's pertaining to SS would he have to go to the state prosecuting office or the local (not sure that I know there is a difference).
 
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