Sindel Noble

Providing Legal Help When You Need It Most

Fraud allegations and the question of intent

Daycare is seldom a word used in connection with the word "fraud." After all, in St. Louis and across the country, daycare calls to mind images of fresh-faced kids and providers who generally enjoy being around them.

Daycare is certainly not a word often used in connection with the word fraud. Yet in current Missouri case, an audit indicated that daycare centers around the state may have engaged in fraudulent practices in claiming certain federal funds.

According to a report by the Missouri state auditor, the amount of money involved may be in excess of $300,000. The money was related to costs for children who left the program. In the St. Louis area, there were six daycare centers that received a cumulative total of $40,000 in doubtful reimbursement claims.

It is far too soon, however, to be making allegations of any criminal fraud. State auditor Tom Schweich noted that much depends on the specific intentions of the people involved in administering the financial aspects of particular daycare programs.

For one thing, federal reimbursement programs are often notoriously complicated. It is therefore quite possible that program administrators didn't really understand what the rules were in claiming federal funds. It is a question of intent, and intent is a key part of most types of criminal charges. If the apparent over-billing was not deliberate, then fraud charges would not be in order.

To be sure, it would be quite different if there were evidence that someone has intentionally over-billed the federal government. Our point is that a fraud charge is not appropriate if over-billing was merely inadvertent.

Source: "Auditor: No Federal Investigation Yet Into Daycare Fraud," KMOX, 3-25-13

To learn more about our practice, please visit our page on white-collar crime defense.

No Comments

Leave a comment
Comment Information
    • Richard H.Sindel | Best Lawyers In America | Best Lawyers - 2016
    • Richard H. Sindel | America's Most Honored Professionals | 2015
    • Top Attorneys in Missouri & Kansas | 2014 | Richard H. Sindel
    • Top Attorneys in Missouri & Kansas | 2013 | Richard H. Sindel
    • Super Lawyers
    • AV Peer Review Rated. Highest Rating For Ethical Standards and Legal Ability
    • Richard H. Sindel | Best Lawyers | Lawyer of the year | 2011 | Criminal Defense: Non-White-Collar St.Louis
    • MATA - Helping To Balance The Scales Of Justice
    • Member of the Missouri Association of Criminal Defense Lawyers
    • Member of the National Association of Criminal Defence Lawyers
    • The Bar Association of Metropolitan St. Louis
    • U.S.News| Best Lawyers | Best Law Firms | 2010
    • Charles M. Shaw Award
    • Bar Register Preeminent Lawyers
    • The Missouri Bar
    • Top Listed in Best Lawyers | The world's premier Guide
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy