A Juneau resident who says she misunderstood a question on her public assistance application for food stamps and temporary housing was court-ordered to repay $11,500 in benefits for which she was not eligible.
Fialele Faatoia, 44, admitted stealing from the state Division of Public Assistance earlier this year, and on Monday she received a suspended imposition of sentence in Juneau Superior Court.
That means the felony theft conviction cannot be erased from her record, but that it will be set aside if she follows probation requirements for the next five years. Part of her probation is making monthly installments, in an amount to be determined by her probation officer, to pay the money back.
Prosecutors with the Office of Special Prosecutions and Appeals in Anchorage said Faatoia falsely indicated “no” when asked on her application if anyone in her family was receiving public assistance. An indictment alleged she collected money for which she didn’t qualify from March 2009 through September 2010.
Assistant Public Defender Grace Lee said the matter was a misunderstanding due to her client’s reading comprehension and the wording of the question.
“‘Is anybody in your family receiving public assistance?’” Lee said, quoting the question at hand. “Well, at the time, nobody was, and she misunderstood that as right now is anybody receiving assistance, and I guess the question was asking has anybody received assistance. And so it’s very grammar-driven issue, and so that would have been something that we attacked (at trial).”
Lee said that was the only question of the application that Faatoia answered wrong, and she told Judge Louis Menendez on Monday that they would have gone to trial if prosecutors had not made such a “reasonable offer.”
Devoron Hill of OSPA, who prosecuted the case, described the plea deal as fair since Faatoia does not have any prior criminal convictions and this appeared to be her first public assistance disqualification.
Faatoia will be prohibited from applying for housing benefits with the Alaska Temporary Assistance Program (ATAP) for the next six months, and from applying for food stamps for the next year. Her Permanent Fund Dividend checks will also be garnished until restitution is paid in full.
In an interview outside the courtroom, Faatoia, who is originally from American Samoa, a U.S. Territory in the South Pacific off the coast of Australia, said English is not her first language, and that she should have let her kids help her fill out the forms.
She said her family moved to Juneau from the Lower 48 a few years ago to live near her parents and her brother. They applied for benefits to help with the transition as they searched for jobs, she said.
“When we moved here, we just applied assistance to take care of my kids for a little bit,” she said. “It’s not for whole life, you know? Until we get our jobs.”
She said after about six to eight months, she got a job at a Juneau hotel and was still receiving benefits. She stopped applying for the benefits after she, her husband and her son were all employed, which was about nine months to a year ago.
“It’s enough to take care of our family,” she said.
“This is the first time in my life,” Faatoia added, referring to the first time being in trouble with the law. “That’s why I was so scar(ed) and worrying about this. My family is a poor family. We don’t have a lot of money, and it’s a better for me to take this deal, I don’t want to stay away from my kids. ... They can help me to pay this fine, and better for me to let me stay with them.”
She said her youngest child is now 18 and her eldest is 21.
The state had also charged Faatoia with two misdemeanor counts of unsworn falsification for making false statements while applying for benefits. Those charges were for the same conduct and were dismissed in the plea deal.
The judge told Faatoia that Alaskans take these crimes seriously, and such fraud “concerns us greatly.”
“You don’t take what doesn’t belong to you, and this money didn’t belong to you,” Menendez said. “Do you understand that?”
“Yes, sir,” Faatoia replied.
Menendez stressed that if Faatoia violates probation, she will be back in court facing the imposition of sentence. He also advised, “When you fill forms out in the future, you must know, look, read, make sure that you’re filling them out correctly so money does not come to you improperly.”
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (39)
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If this process simply consisted of filling out a form and receiving free money, I can see how the woman made this mistake, and might have done the same myself. But applicants go through a lengthy interview with a state eligibility technician, who then does reference checks to verify accuracy of information. At least this is my understanding. How did she subvert this process, even by lying?
Based on what I'm reading here...
...it seems like she made an honest mistake. The wording of the question seems pretty obvious, and she interpreted it the same way I would have. Maybe there was more to the story for her to be convicted.
Honest mistake?
Could have been--- the sentence will allow her to undo the mistake and clear her record in five years. I wish her success!
The article does paint a
The article does paint a sympathetic portrait of the situation but it cant be that easy to get public assistance can it? As the article was written I think I would have answered the question the same way as well.
Husband too?
Yep and the state paid for her husbands green card. I bet his and the kids records are not clean. This family took the state for more than what is stated here. Alot more!
Open your eyes it happens more then you think
If I am correct you can also live with your boyfriend or girlfriend and they can have an income coming into your home, and as long as you report you are living with them ,you will still be able to collects welfare.In this one case you can live with a drug dealer who is bringing in alot of extra money monthly until he was caught, but still get welfare. police stated they found several hundred dollars in cash in home along with drugs. you want to bet she is still collecting welfare.Our system stinks.
interesting
that the judge states that Alaskans take such things seriously and that fraud concerns us greatly. I wonder if this is the same judge who gives out minimal sentences to business owners who keep sales tax for their own use amounting in even larger amounts than in this case. Or maybe giving probation to the guys that harvest our fish and game illegally?
On the Dole
There will be a lot of comments on this story.
But while you're thinking about the State giving away thousands of dollars to this woman, for apparently doing nothing, don't forget that today or tomorrow Dennis Egan will have to decide if he's going to vote to give away BILLIONS of dollars to the oil companies to do nothing in return.
That giveaway will be the equivalent of each Alaskan's PFD check, and we'll get absolutely nothing in return.
If the idea of welfare cheats upsets you, please let Senator Egan know. Here's his email address: Senator.Dennis.Egan@akleg.gov
PFD
The article states part of the restitution will come from a PFD garnishment. That's is just wrong!
The PFD is essentially free money and if anything, should be set aside in trust or forfeit until she pays all $11,500 back. Using that money to help pay back the ill gotten funds is discounting the pain of re-payment and thus weakens the consequences of actions in this case. Basically, steal $11,500 and pay back $6,000(assuming the PFD averages $1,000 per year for 5 years).
And as a passing thought, this case may well also speak to an English test for applicants if she indeed did not understand the question.
what the rest of the story
for it appears there is something missing. For at face value you would be lead to believe that answering one question wrong is sufficient to convict the person.
AKjustice
Right on point. Thank you.
must be quite the tidy monthly income
welfare/ food stamps/ and she was on unemployment insurance too. glad she was busted, a lot more where she came from. Bookum Dano.....
Confused...
What she did was obviously wrong but I am also wondering what happened to the person in charge of checking all of her information.
I have kids on Denali KidCare for permanent health issues and even they call my employer, contact unemployment, and call references. So how does a person get 3+ kinds of welfare and no one checked up on her?
Sounds like someone should be losing their job as well as this lady paying it all back.
(PS) I also disagree with her PFD paying it back. She should have to forfeit her PFD until it's paid and have to pay it back with earned money not free money.
Today's attitude
It's today's attitude. Do what ever you want (come to Alaska with no money or jobs) and immediately apply for welfare. It's owed to you. Our president/community organizer reinforces this. I'll bet her entire family has Obama phones also.
A bunch of bull
Public asst is that easy to get if you claim you have any kids int he home. Her "kids" were 18-21 so I don't see why they received anything in the first place.
The public assistance app clearly asks if you or anyone in your household have received any form of public assistance in this or any other state and it names them all. There is no misleading anything about it.
This is not the only time this woman has been in trouble. She has a string of 20+ minor offenses (like expired registration, etc) since arriving in the state and many of them she didn't bother to answer. There are several family members in Juneau who have multiple criminal charge histories as well.
PFD restitution is a joke.
All this case does is show people in Alaska that they have nothing to lose by defrauding the state. You only pay back the most they can prove you stole. Then it comes not from your earnings but the PFD handout? (to which you should NOT be entitled once you are convicted of defrauding the state or feds anyway in my opinion)
I'd say it was approaching fair if the restitution included the entire costs of the investigation and prosecution.
I want to know how these
I want to know how these people end up in little, ole Juneau? What's the draw? Is Juneau the first place you'd look for a job when you're from Mexico or Somoa?
Did another poster say "drugs"?
It's just weird.
I want to know if the Public Defender has untied herself from the humongous knot yet!
Corrections to comments
Reading the comment section is always entertaining. Today, however, there seems to be more misinformation floating about than usual. So for clarification purposes...
Samoa is a US Territory and its citizens are considered US residents - a green card is not required for them to work in the US.So if her husband is also Samoan, the State didn't pay for his green card
According to the CIA Factbook, the unemployment rate in American Samoa in 2010 was 29.8%. It is likely Samoans travel to Juneau for work because they have family already in the area, don't need a green card, and Juneau has an unemployment rate of 5-7%.
You have to take the income of everyone in the household to receive benefits - that includes a live-in significant other. If their income puts you over the threshold, you are not granted benefits. This is a relatively easy thing for people to be misleading about. If you have suspicion that a neighbor is collecting benefits and has a live-in who's income isn't being counted, you can call the public assistance office and they will do a surprise inspection.
Ms. Faatoia is being charged for falsifying claims from 2009-2010. Her children were 14 & 17 at the time, not 18 & 21.
The "Obama Phone" has nothing to do with President Obama. The program, called Lifeline, gave phone service to people who are at 35% above the poverty level. From Politifact, "Lifeline was created in 1985 and expanded in 2008 during the Bush administration to include cell phone service." They are Bush phones, not Obama Phones. Saying differently, doesn't make it true.
@Rough Cut
"An indictment alleged she collected money for which she didn’t qualify from March 2009 through September 2010." She admitted to those charges earlier this year, not committing those crimes earlier this year.
I didn't speak to any of her other offenses. That wasn't my intention when I made my comments. I don't doubt that she commited fraud - but it wasn't for claiming kids who where too old to receive benefits.
And c'mon, Rough Cut, "a few years ago"? A few years ago means exactly 2 to you? I trust the HSS records on this one vs. the causal speech of someone. But maybe that's because I believe that I can't be the only one who says "the other day" when I mean yesterday, or the day before, or anytime between my birth and now.
BTW
That thumbs down wasn't from me :)
I BLAME THE STATE FOR INCOMPETENCY
I use to collect welfare and public assistance for two years till I landed a decent job here in Juneau. I understood the application process pretty good. My sister earned real good money and she paid to have my hair done. I was hounded and harassed by the state accusing me that I used my funds to beautify myself. Each caseworker is different and I believe being human that they are, make mistakes. I was a big complainer so I think I was flagged by their department and was singled out. I'm rambling...anyway, the application process asks for your social security number and date of birth to identify yourself and they use it to cross-reference your activity in Alaska. The caseworker assigned to this particular family was negligent and incompetent on not checking if the applicant was truthful in her information. By the time this ding-a-ling caught the "errors", the family had collected funds well into months. Also part of the process, Public Assistance also requires that the applicant fill out a monthly update form and submit it before funds are issued for the month. The form I remember use to be mailed directly to you and it was the color pink. How can this woman continue to lie to the state about her and the family's current job status and income? I still blame the caseworker for not doing their job and this person should be held accountable. And make this woman more accountable than this slap on the wrist. Sounds like she was going to try to get away with it as long as she could. I also agree with other comments, she should never get a PFD for knowingly defrauding our state!
Sounds reasonable
It sounds reasonable for the State to withhold PFDs until timely repayment of fines, rather than garnishing them. In many cases, I fear this would sink any chance of even partial payment of these fines. But hey, at least the PFDs of ineligible Alaskans would then be divided up among those that are.
Dick Cheney made 800 million
Dick Cheney made 800 million of the Iraq War by lining Halliburton up with a pile of no-bids contracts. The mob bilks the government out of millions on all kinds of housing scams. Parnell wants to give the oil companies back billions. The list goes on......... With all that going on you guys get your panties in a wad over this. That's pretty sad.
JEF
So it's OK to cheat because it's only a little wrong?
@daffy
Thank you for the clarifications. Please stick around.
She knew what she was doing, and
it's a good thing she was caught. The majority of the Public Assistance division of the State is incompetent and seriously needs to be investigated and overhauled. Appropriate training for staff would be the first step. They put people into positions with minimal training and then wonder how things like this happen? A lot of State employees transfer from one position to the next, always looking for that job that is "less work and responsibility and more pay". Some of those hired are dingbats that look cute and the others are people that don't speak or understand English very well. When you apply for any type of State (or Federal) services, you must take on the responsibility of understanding the rules as well as knowing your rights. Don't count on the person behind the desk to know what he/she is doing. In any case, this woman has been on welfare long enough to know the rules as well as having learned how to play the game; now she's got to pay the price. She should be disqualified from applying for any more PFDs.
Pacific Islanders
I don't think anyone would disagree that many of the Pacific Islanders that have come to Alaska have caused problems. If you look at the background of many of these people you will see people that were pretty much on the government dole for most of their lives.
Cheating and stealing I think is much more accepted as a way of life where you have a huge unemployment problem.
It really doesn't surprise me that this family would not consider lying on government forms to be a crime. It probably happens all the time where ever they have lived.
I really don't believe the women story but what else are you going to use for a defense? being stupid is not a crime but it may get you some lighter sentence.
I think Alaska is going to pay and pay for many of the Pacific Islanders as for a small group that take up more than there share of resources including jail space.
It may take at least a generation for many of these people to adjust to a society where ripping off someone is not accepted practice. In my dealings with many of these people they have don't have a real understanding of ethics.
I
I
Pacific Islanders
I don't think anyone would disagree that many of the Pacific Islanders that have come to Alaska have caused problems. If you look at the background of many of these people you will see people that were pretty much on the government dole for most of their lives.
Cheating and stealing I think is much more accepted as a way of life where you have a huge unemployment problem.
It really doesn't surprise me that this family would not consider lying on government forms to be a crime. It probably happens all the time where ever they have lived.
I really don't believe the women story but what else are you going to use for a defense? being stupid is not a crime but it may get you some lighter sentence.
I think Alaska is going to pay and pay for many of the Pacific Islanders as for a small group that take up more than there share of resources including jail space.
It may take at least a generation for many of these people to adjust to a society where ripping off someone is not accepted practice. In my dealings with many of these people they have don't have a real understanding of ethics.
If anyone is wondering, the
If anyone is wondering, the question, verbatim, is "Has anyone in your household received public assistance (Temporary Assistance, cash, food stamps, Medicaid, Food Distribution Program on Indian Reservations FDPIR) in
Alaska or any other state? (yes or no)
If yes, who, when and where?_______________________"
I don't think that's all that difficult to understand. Seems pretty straight forward to me.
That's helpful shade
Thank you.