20.7. Welfare Fraud - Administrator Aiding

20.7 WELFARE FRAUD - ADMINISTRATOR AIDING 414.39(3), Fla. Stat. To prove the crime of [crime charged], the State must prove the following three elements: 1. [Name of defendant] had duties in the administration of state or federally funded assistance program. 2. [Name of defendant] gained possession, by virtue of me of defendant]s position, of funds, a food stamp, an authorization for food stamps, a food stamp identification card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or assistance from any other state or federally funded program. 3. [Name of defendant] fraudulently misappropriated, attempted to misappropriate or aided and abetted another in the misappropriation of funds, a food stamp, an identification card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or assistance from any other state or federally funded program. DEFINITIONS: 1. Fraudulently means purposely or intentionally suppressing the truth and/or perpetrating a deception. 2. An attempt to commit a crime is the formation of intent to commit that crime and the doing of some act toward the commission of the crime other than mere preparation to commit the crime. It is not a defense that the defendant repaid the assistance or services obtained.